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Full text of "North Carolina Register v.4 no. 4 (5/15/1989)"

IV 



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The 



^eCEjV'Eo 



MAY 17 1989 
SAW L^RAflY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



PROPOSED RULES 



tiORTH^ 



Bl 



CONi 

tiomI 11 y 



1 1 CI ..^y^^ ^ // 



Agriculture 

Education 

NRCD 

Physical Therapy Examiners 

State Personnel 

FINAL RULES 

List of Rules Codifled 



ISSUE DATE: MAY 15, 1989 



Volume 4 • Issue 4 • Pages 217-289 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The Norili Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\ e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
130B must be published in the Register. The Register 
will t>picall>' comprise approximatcK' fift>' pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
\arious state officials and institutions. The North Carolina 
Register is a\ailable by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary-, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be a\ailable for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\al by 
the Administrati\e Rules Re\iew Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request b\' the agen- 
c>', the adopted \ersion will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effecti\e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrati\e Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agenc>'. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 day; 
whiche\er is less. An agenc>' adopting a temporary rul 
must begin normal rule-making procedures on the pei 
manent rule at the same time the temporarv rule i 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrati\e Code (NCAC) 
a compilation and index of the administrative rules ( 
25 state agencies and 38 occupational licensing board 
The NCAC comprises approximately 15,000 letter sizi 
single spaced pages of material of \\hich approximat 
Iv 35*^0 is changed annuallv. Compilation and public: 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is di\ided into Titles and Chapters. Eac 
state agencN' is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimu 
cost of two dollars and 50 cents ($2.50) for : 
pages or less, plus fifteen cents ($0. 1 5) per ea( 
additional page. 

(2) The full publication consists of 52 volume 
totaling in excess of 15,000 pages. It is su 
plemented monthly with replacement pages 
one year subscription to the full publication i 
eluding supplements can be purchased f( 
seven hundred and fifty dollars ($750.00). I 
di\idual \olumes may also be purchased wi 
supplement ser\ice. Renewal subscriptions f 
supplements to the initial publication availab 

Requests for pages of rules or volumes of the NCj* 
should be directed to the Office of Administrati 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pi 
cedures to be followed. For specific statutory languaj 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Caroli)m Register is cited bv volume, issi 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198( 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
1 1666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement ser\-ice by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE COM IN TS 




OJJicc of Adminhtrathc Hearings 

r. O. Dnmcr 11666 

Raleigh. \C 2'6II4 

I ')!'), 7J3 - 267S 



Robert A. Melott, 

Direcior 
James R. Seareella Sr., 

Depuiv Director 
Molly \la5ieh, 

Direcior APA Services 



I. PROPOSED Rl LES 
Agriculture 

Cotton Warehouse 220 

Markets 217 

N. C. State Fair 217 

Plant Industp.' 218 

Education 
Elementar>' and 
SecondaiA' Fducation 253 

Licensing Board 
Physical Therapy 
Examiners 262 

NRCD 

Coastal Management 239 

En\ironmental Management.... 238 
Wildlife Resources 

Coinmission 252 

State Personnel 

State Personnel Commission ...265 



IE EINAE RUEES 

List of Rules Codified 274 



HE CUMLEATIA E INDEX 288 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick. 

Editorial Assistant 
Jean Shirley, 

Editorial , I ssi slant 



NORTH CAROLrs A REGISTER 

Publication Deadlines and Schedules 

(January 1989 - May 1990) 



Issue 


l^st Day 


Last Day 


Earliest 


♦ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


+++++*++ 


++++++♦* 


i,^^i,^if^^ 


♦*♦++♦++ 


+++♦++*+ 


01,02 89 


12,08/88 


12/15/88 


02/01/89 


05/01/89 


01/ 16; 89 


12/27/88 


01/03/89 


02/15/89 


05/01/89 


02/01/89 


01/10/89 


01/17/89 


03/03/89 


06/01/89 


02/15/89 


01/26/89 


02/02/89 


03/17/89 


06/01/89 


03 01 89 


02 08/89 


02 15/89 


03'31/89 


07/01/89 


03 15 89 


02/21/89 


03/02/89 


04/14/89 


07/01/89 


04/03/89 


03 10/89 


03/ 17, '89 


05/03/89 


08/01/89 


04/14/89 


03/23/89 


03/31/89 


05/ 14 '89 


08/01/89 


05/01/89 


04/10/89 


04/17/89 


05/31/89 


09/01/89 


05 15 89 


04, 24 89 


05.01/89 


06/14/89 


09/01/89 


06, 01 '89 


05,10/89 


05/17/89 


07/01/89 


10/01/89 


06/15/89 


05/24 89 


06,01/89 


07/15/89 


10/01/89 


07/03 89 


06 12/89 


06/19 89 


08-01/89 


11/01/89 


07/14/89 


06 22/89 


06/29 89 


08/13/89 


11/01 '89 


08 '01 '89 


07/11/89 


07/18/89 


08/31/89 


12/01/89 


08,15 89 


07,25,89 


08,-01/89 


09 14/89 


12,-01,89 


09 01 89 


08,11/89 


08' 18 89 


1001/89 


0101 90 


09/15'89 


08,24,-89 


08/31 89 


10' 15/89 


01'01,90 


10/02 89 


09 11/89 


09/18/89 


11 01 89 


02/01/90 


10 16 89 


09,25/89 


10/02/89 


11/15/89 


02/01; 90 


11 01 89 


10 11/89 


10.' 18/89 


12/01/89 


03/01/90 


11/1589 


10 24 89 


10/3 189 


12''15 89 


03,01/90 


12/01/89 


11,07/89 


11/15/89 


12-31-89 


04/01/90 


12/15/89 


11/22/89 


12/01/89 


01, 14 90 


04/01/90 


01 02 90 


12/07/89 


12/14 89 


02 01 90 


05/01/90 


01/16 90 


12/20/89 


12/29/89 


02/ 15 '90 


05/01/90 


02 01/90 


01/10/90 


01/18/90 


03/03/90 


06 '01/90 


02/15/90 


01/25,90 


02/01/90 


03/17/90 


06/01/90 


03/01/90 


02/08/90 


02/15/90 


03/31/90 


07/01/90 


03/15-90 


02/22/90 


03/01/90 


04;' 14 '90 


07/01/90 


040290 


03/12 90 


03/19,90 


05 02/90 


08/01/90 


04 16 90 


03,23,90 


03/30/90 


05/16/90 


08/01 90 


05 01 90 


04 09 90 


04/17/90 


05'31,'90 


09, 01 '90 


05 15 90 


04 24 90 


0501 90 


06 14/90 


09 01/90 



* The "Earliest Effect i\-e Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrati\'e Rules Review 
Commission by the 20th of the same calendar month arid that ARRC approves 
the rule at the next calendar month meeting. 



PROPOSED RULES 



TITLE 2 - DEPARTMENT OF 
AGRICULTURE 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. Board of Agriculture in- 
tends to amend rule(s) cited as 2 NCAC 20B 
.0413; 2 NCAC43L .0401 - .0403; 2 NCAC 48 A 
.0805, .0901, .1103. .1201; 2 NCAC 48C .0002, 
.0005 - .0006, .0008 - .0009, .0023; and adopt 
nde(s) cited as 2 NCAC 43L .0409; 2 NCAC 53 
.0001 - .0075. 

1 he proposed effective date of this action is Oc- 
tober I, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on June 21, 1989 at Board Room, Agricul- 
ture Bldg.. I W. Edenton St., Raleigh, N.C. 



Co 



■ ommenl Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to Da\id S. McLeod. Secretary 
of the North Carolina Board of Agriculture, P.O. 
Box 27647, Raleigh, NC 27611. 

CIIAPTKR 20 - rilK NORTH CAKOI INA STATK 
FAIR 



SUBCHAPTER 20B - REGULATIONS OF 
SI ATE PAIR 



HIE 



SECTION .0400 



OPERA HON OF STATE FAIR 
FACILHIES 



.0413 ALCOHOLIC BEVERAGES 

(a) A person shall not sell, offer for sale, or 
possess for the purpose of sale, any alcoholic 
beverage on State Fair property without the 
written permission of the State Fair Manager and 
the applicable ABC permit(s). 

(b) A person shall not possess or consume any 
alcoholic beverage at ticketed, commercial events 
that are open to the public on State Fair property 
except as permitted under Paragraph (a) of this 
Rule. 

Statutory Authority G.S. 106-503. 

CHAP! ER 43 - MARKEIS 

SUBCHAPIER 43L - MARKETS 

SECTION .0400 - FEES: WESTERN NORTH 
CAROLINA FARMERS MARKEI 

.0401 RETAIL BUILDINGS 

Rental charges for space in the "Retail 
Buildings" shall be at the rate of fo«f dollars 



($'1.00) five dollars ($5.00) per day or twenty four 
doUars ($21.00) thirty dollars ($30.00) per week 
per assigned space of ten feet by 20 feet from 
June through Soptombor October and two dollars 
($2.00) per day from October when the space is 
used during the months of November through 
May. A holding fee of ten doUars ($10.00) per 
month shall be charged during December, Janu- 
ary, February and March for each space to be 
rented on April h 

Statutory Authority G.S. 106-530. 

.0402 GATE FEES 

[larmoro ef truckors who de net- have stali 
opaooG renttfd shall ^i!^ the following fees when 
entering tfee Market: 

Pickups S^tOQ 

Ton Trucks: 

Loss than ^ cartons - 

Mark ticket "Pick up 

load' Um 

Over ■§© cartons - 

jUafk tt^k^ "Ton" S^rOO 

T*» Wheeler: 

Less than -^ cartons - 

Mark ticket "Pick up 

Load" %hm 

Sjf te 44>a cartons - 

Mrtfk keke4- ^^4^e» Load" %&m 

O' i 'er 44^ cartons - 

Marir ktrket- "10 Wheeler" $6t©0 

Figliteen WHieeler: 

I OSS than 30 cartons - 

Mark ticket "Pick up 

Load" 






34- 1« 44W cartons - 

Mark ticket "Ton Load" 

44M- cartons Ve- hatf load - 

Mark ticket ^^44 Wheeler 

Load" U^m 

Oser hatf led4 - 

Mafk t4ek«t- ^4«-WiieeteF^ U^m 

LXF.MPT: 

Trucks delivering fr e ight, 

seft drinks, candy, snack 

baf supplies, etc... NO 

CHARGF 

(a) Gate fees for farmers or truckers who do 
not other\vise rent stall spaces at the .\Lirkct shall 
be as follows: 

Cars or less than 5 cartons 

Pickups 

1 on trucks: 



50 cartons or less 
■More than 50 cartons 
10 Wheeler: 



NORTH CAROLINA REGISTER 



217 



PROPOSED RULES 



50 cartons or less 
5_1_ to ]00 cartons 
More than lOO cartons 
18 Wheeler: 
20 cartons or less 
2_[ to _UI0 cartons 
101 cartons to half load 
More than half load 



Sellers of 
in-state 
products 
$ LOO 

4.00 

4.00 

6.00 

4.00 

6.00 

7.00 

5.00 

7.00 

8.00 
10.00 



SeUers of 
out-of-state 
products 
S 1.00 

5.00 

5.00 

7.00 

5.00 

7.00 

8.00 

5.00 

7.00 

8.00 
10.00 



(b) Trucks which deli\er such items as soft 
dnnks. candv. snack bar supplies and freight are 
exempt from the pate fees slated in this Rule. 

Slatutoiy Authority G.S. /06-53II 

.0403 F,\RMKRS .\M) TRl CKKRS SIIF.DS 

Rental charges for space under the "Farmers 
and Truckers Sheds" for each 12 foot wide stall 
shall be 6w dollars ($5.00) six dollars (S6.00) per 
day or efte» hundred dollurt . ( JdOd.OU) one hun- 
dred twentv-fne dollars (Si 25.00) per month 
from June through September, October, 
seventy-five doUars ($75.00) per month for April, 
May, October, November and December, and 
frfty dollars ($50.00) per month for January, 
February, and March. Flectricity used shall be 
paid for in addition to these regular fees. A 
holdmg fee of ten dollars ($10.00) per month 
shall be charged dunng December. Januan.', 
lebruar\ and March lor each space to be rented 
on April ]_ 

Statutoty Authority G.S. J 06-530. 

.0409 FEES FOR SPECIAL EVENTS 

The .Market Manager shall have the right to es- 
tablish reasonable fees for special events not 
other^vise covered in these rules. 

Statutoty Authority G.S. J06-530. 

CHAPTER 48 - PL.\NT INDLSTRV 



SUBCHAPTER 48A - PLANT PROTECTION 
SECTION .0800 - POTATO VIRLS Y 

.0805 EXEMPTIONS 

Plants may be exempted form from the pro- 
visions of this quarantine provided they meet the 
following provisions: 

(1) All plants are grown in a greenhouse; 

(2) The plants are maintained aphid free by 
means of insecticidal treatment; 

(3) The appropriate state agency of the 
quarantined state certifies that the provisions 
in this Rule have been met and that the 
plants are apparently free of potato virus Y 
and so indicates by means of stamp or 
printed label on each carton, crate or box. 

Statutory Authority G.S. 106-65.45; 106-65.46. 
SECTION .0900 - SWEET POTATO WEEVIL 

.0901 REGULATED AREAS 

The following areas are regulated: 

(2) North Carolina. New Hanover County: 
The entire island bordered on the west by 
the Cape Fear River and on the east by the 
Atlantic Ocean and south of that line estab- 
lished from the Carolina Beach Inlet from 
the Atlantic Ocean along the hitra Coastal 
Intracoastal Waterway at Snow Canal until 
it reaches the Cape Fear River; 

(3) Brunswick County. The entire area bor- 
dered on the north by the Intracoastal 
Waterway and on the east by the Cape Fear 
River and on the south by the Atlantic 
Ocean and on the west bv a straight line 
beginning at the junction of Higliway 133 
with the Intracoastal W^aterwav, extending 
south through the point where Highway 133 
ends, and terminating at the junction of said 
straight line with the Atlantic Ocean; 

Statuton' Authority G.S. 106-65.45; 106-65.46; 
106-284.18: 106-420. 

SECTION .1 100 - TOBACCO PL.VNT 
CERTIFICATION 

.1 103 UNLAWFUL USE OR DISTRIBUTION 
OF PLANTS 

(a) No person, firm, company, partnership or 
corporation (hereinafter "person") shall pack, 
transport, sell or offer for sale, ship or bring into 
or plant in this state any tobacco plants produced 
out of state unless such plants are certified to- 
bacco plants and are imported under the & to- 
bacco plant import permit. 



218 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Slaiutory Authority G.S. 
106-284.18: 106-420. 



106-65.45; 106-65.46; 



SECTION .1200 - NLRSERY CERTIFICATION 

.1201 DEFINITIONS 

Definitions: 

(15) Plant Material. All wild, cultivated, or 
greenhouse grown plants, trees, shrubs, 
vines, bulbous plants and roots, grafts, 
scions, and buds grown or kept for or capa- 
ble of propagation, distribution, or sale. 
Excluded are annual plants, cut flowers, 
trooo, and tree, field, vegetable and flower 
V i 'ood. seed. Also excluded are decorative 
plants without roots not intended for prop- 
agation; 

Statutory Authority G.S. 106-65.45; 106-65.46; 
106-284.18; 106-420. 

SLBCH.\PTER 48C - SEEDS 

.0002 NOXIOUS WEED SEED LIST 

The following weed seeds are classified as pro- 
hibited noxious or restricted noxious: 

(1) prolxibitod no.KJouf . : PROHIBITED: 

(a) Crotalaria — Crotalaria spectabilis, and/or 
mucronata; 

(b) Johnson grass -- Sorghum halepense; 

(c) Witchwced -- Striga asiatica; 

(d) Jimsonwecd -- Datura stramonium; 

(e) BaUoon vine -- Cardiospermum 
halicacabum; 

(f) Itchgrass — Rottboellia exaltata; 

(g) Serrated Tussock — Nassella trichotoma; 

(2) rostnctod noxious: RESTRICTED: 

I, imitations 
Per 1 lb. of Seed 



(a) Nutsedge 
rotundus. 



Cyperus 



2 tubers 
ift pganuts 

or 27 seeds 



and or esculentus 

(b) Blessed Thistle -- Cnicus 
benedictus 4 seeds 

(c) Cocklebur - fXanthium spp.) 4 seeds 

(d) Sandbur -- Cenchrus 

pauoifloruo spp. 4 seeds 

(e) Sicklepod -- Cassia obtusifolia 4 seeds 

(f) Spurred Anoda -- Anoda cristata 4 seeds 

(g) Vclvetleaf -- Abutilon 

theophrasti 4 seeds 

(h) WUd Onion and or Wild Garlic - 
Allium spp. 
Small grains or larger 

seeds 4 bulblets 

Grasses and small 
seeded legumes 27 bulblets 



(i) Morning-glory, wild, and giant 

Morning-glory — Ipomoea spp. 

aft4 Calonyction murioatum 8 seeds 

(j) Comcocicle -- Agrostemma 

githago 10 seeds 

(k) WUd Radish - Raphanus 

raphanistrum 12 seeds 

(1) Bermudagrass — Cynodon 

dactylon 27 seeds 

(m) Canada thistle — Cirsium 

arvcnse 27 seeds 

(n) Bindweed — Convolvulus spp. 27 seeds 
(o) Cornflower -- Centaurea cyanus 

(known in North Carolina as 

Ragged Robin) 27 seeds 

(p) Texas panicum -- Panicum 

texanum 27 seeds 

(q) Bracted plantain -- Plantago 

aristata 54 seeds 

(r) Buckhom plantain — Plantago 

lanceolata 54 seeds 

(s) Dock -- Rumex crispus and/or 

obtusifolia 54 seeds 

(t) Dodder — Cuscuta spp. 54 seeds 

(u) Giant foxtail — Setaria faberi 54 seeds 
(v) Horsenettle — Solanum 

carolinense 54 seeds 

(w) Quackgrass -- Agropyron 

rcpens 54 seeds 

(x) Wild mustard ct al -- Brassica 

spp. 54 seeds 

Statutory Authority G.S. 106-277.9; 106-277.15. 

.0005 PROHIBITED SALES 

The sale of any agricultural seed containing any 
of the following is prohibited: 

over two Nutsedge tubers per lb.; m poa 
nuto; 

over four Blessed Tliistle, Cocklebur, 
Sandbur, Sicklepod, Spurred Anoda, 
Velvctleaf Wild Radish or Wild Onion 
and/or Wild Garhc (in small grains or larger 
seeds); 

over eight Wild Morning-glory and/or Gi- 
ant Moming-glor>' (moonflower); 
over ten comcoclclo; Corncockle; 
over 12 wiW- radii . h; Wild Radish; 
over 27 wii4 onion Wild Onion and/or wiM 
garlic Wild Garhc (in grasses and small 
seeded legumes), Bermuda grass, Canada 
thistle, bindwood, ooniflowor, Bindweed, 
panicum or nutcodgo 



(1) 
(2) 



(3) 

(4) 
(5) 
(6) 



Cornflower, Texas 



Nutsedge seeds; 
(7) over 54 bract e d plantain, buoldiom 
plantain, dock, dodder, giant foxtail, 
hors e n e ttl e , quackgrass »f w+W mustard ^ 
at- Bracted Plantain, Buckhom Plantain. 



NORTH CAROLINA REGISTER 



219 



PROPOSED RULES 



Dock, Dodder, Giant Foxtail, Horsenettle, 
Quackgrass or Wild Mustard ct ak 

Statutory Authority G.S. 106-277.9; 106-277.15. 

.0006 [»ROHIBI TED SALES: EXCESS OF 144 
NOXIOLS WEED SEEDS 

The sale of any agricultural seed containing in 
excess of 144 noxious weed Srt*e4 t*«4- set- other 
wifl g r e i i trictt ' d. seeds per pound of crop seed, 
when occurring singly or in any combination, pef 
pound ef crop oood, is prohibited. 

Statutory Authority G.S. 106-2'^^. 15. 

.0008 LESS THAN 70 PERCENT HARD SEED 
AND CERMINATION 

The sale of any agncultural seed having a total 

percentage of germination and hard seed of less 

than 70 percent is prohibited, with the foUowing 

exceptions; 

1^ feem March ^ ¥i^ tm44 Augui . t ^ ¥i%^ 

coybQan si?t?4 ' . >hich germinutt ' from ^ pef- 

cont te ^ percent may Ut* L . old if t4*t* actual 

gonnination percont » kibolod. providod 

further 4»t- tkn* words "Substandard 

Gonnination" muL . t be ' , . hown e» A* label 

i» eight point type en= larger. 

Statutoiy Authority G.S. l06-2^~.9: I06-2'77.I5. 

.0009 i'roiiibhed sales: flle-clred 
tob.vcco seeds 

The sale of seeds of any flue-cured tobacco va- 
riety, from any grower or distributor, which is 
not recorded with the commic ' r i ioner Commis- 
sioner of Agriculture as required in 2 NCAC 48C 
.0013, IS prolnbited. 

Statutory Authority G.S. 106-27^.15. 

.0023 ANAL^SLS FOR FARMERS OR 
SEEDMEN 

(a) The germination and purity analyses of ag- 
ricultural and vegetable seeds shall be free to any 
person residing within the state. However, the 
Director ef tfee Seed kaboratoPf Program Ad- 
ministrator shall ha\'e the pn\ilegc, with the ap- 
proN'al of the commiocioner Commissioner of 
■Agriculture and the Board of Agnculture, of 
Imiiting the number of such free tests made an- 
nually, or dunng certain seasons, for any one 
person; also, of cstabhshing a schedule of fees for 
seed testing of samples in addition to the number 
of free samples, and of designating the time or 
dates when such samples wiU be accepted for 
testing. 

(b) Fees for biochemical (T.Z.) or other special 
tests for which Association of Official Seed /\na- 



lysts' directions are given may be established by 
the Director &f A« Seed Testing Dis'ision Pro- 
gram Administrator with the approval of the 
commiooioner Commissioner of Agriculture and 
the Board of Agriculture. I^'urthermore, the spe- 
cies to be accepted and the time and dates for 
each species to receive special tests may be simi- 
larly established. 

(d) The Director ef the Seed Laboratory Pro- 
gram Administrator shall have authority to ac- 
cept special problem samples of other species for 
T.Z. tests and to refuse to analyze any sample of 
seeds submitted for testing that has not been 
reasonably well cleaned, or does not comply with 
these rules. aft4 Rogulationo. 

Statutory Authority G.S. 106-277.15. 

CHAPTER 53 - COTTON WAREHOUSE 

.0001 DEFINITIONS 

As used in this Chapter, unless the context 
otherwise requires: 

(1) Act. The North Carolina Cotton Ware- 
house Act. 

(2) Department. The North Carolina Depart- 
ment of Agriculture. 

(3) License. A hcense issued under the Act by 
the Commissioner. 

Statutory Authority G.S. 106-451 .8. 

.0002 APPLICATION FORMS 

Applications for licenses shall be made to the 
Commissioner upon forms prescribed for the 
purpose and furnished by the Department, shaU 
be in Fnghsh, shall truly state the information 
therein contained, and shall be signed by the ap- 
plicant. The applicant shall at any time furnish 
such additional information as the Commissioner 
shall find to be necessary to the consideration of 
his application. 

Statutoiy Authority G.S. 106-451. 8. 

.0003 ALL FACILITIES TO BE LICENSED OR 
EXEMPTED 

.•\11 facilities within the same city or town used 
for the storage of cotton by an apphcant for a 
warehouse license must qualify for a license and 
be licensed under the Act if the applicant is to 
be licensed to operate as a cotton warehouseman 
in such city or town, unless the facilities which 
are not to be covered by a License are exempted 
by the Commissioner upon a fmding that, due to 
the exercise of adequate controls by some inde- 
pendent agency over the operation of nonlicensed 
facilities, there would be no likelihood of inter- 
change or substitution of cotton stored in such 



220 



iXORTH CAROLINA REGISTER 



PROPOSED RULES 



facilities with cotton stored in the licensed facili- 
ties. If all such facilities do not qualify for a li- 
cense or for an exemption under this Rule, the 
applicant shall not be licensed under the Act as 
a cotton warehouseman in the city or town in 
which the facihties in question are located. Each 
applicant for a warehouse license must apply for 
a license covering all facilities operated by him for 
the storage of cotton within the same city or 
town or for exemption as provided in this Rule. 
If a hcensed cotton warehouseman acquires any 
additional cotton storage facilities within the 
same city or town in which his licensed ware- 
house is located, he shall fde promptly an appli- 
cation for a license or an exemption of the 
additional facilities. No cotton storage facility 
acquired by a hcensed cotton warehouseman, 
subsequent to the issuance of his license, in the 
same city or town as his hcensed facilities, shall 
be used for the storage of cotton until it quahfies 
for license and is hcensed or is exempted as pro- 
vided in this Rule. If any one of the hcensed 
cotton storage facilities operated by a 
warehouseman Ln the same city or town becomes 
ineligible for a hcense at any time for any reason, 
it shall not thereafter be used for the storage of 
cotton until the condition making it inehgible is 
removed or an exemption is granted as provided 
in this Rule. The use for the storage of cotton 
by a licensed warehouseman of a facility which 
is Ln the same city or town as his licensed facilities 
and is neither hcensed nor exempted, or other 
violation of the provisions of this Rule, shall be 
cause for suspension or re\'ocation of any license 
issued to the warehouseman for the storage of 
cotton. 

Statutory! Authority G.S. 106-451. S. 

.0004 GROLNDS FOR NOT ISSLING A 
LICKNSE 

A hcense for the conduct of a warehouse, or any 
amendment to a hcense, under the rules in this 
Chapter, shall not be issued if it is found by the 
Commissioner, that the warehouse is not suitable 
for the proper storage of cotton; that the 
warehouseman does not possess a good reputa- 
tion, or does not have a net worth of at least 
twenty-five thousand dollars ($25,000), or is in- 
competent to conduct such warehouse in ac- 
cordance with the Act and the rules in this 
Chapter; or that there is any other sufficient rea- 
son within the intent of the Act for not issuing 
such hcense. If all the facilities operated for the 
storage of cotton by the apphcant within the 
same city or town are not to be hcensed under 
the Act, the apphcant shall not be hcensed as a 
cotton warehouseman with respect to any of 



such facihties, unless an exemption of the facili- 
ties which are not to be hcensed is granted as 
provided in Rule .0003 of this Chapter. 

Statutory Authority G.S. 106-451.8. 

.0005 FINANCIAL REQUIREMENTS 

(a) Each warehouseman conducting a ware- 
house hcensed under the Act or for which apph- 
cation for a hcense under the Act has been made 
must maintain complete, accurate and current fi- 
nancial records which shall be available to the 
Commissioner for review or audit at the Com- 
missioner's request. 

(b) Each warehouseman conducting a ware- 
house for which apphcation for hcense under the 
Act is made shall provide with this apphcation 
and each warehouseman hcensed annually, or 
more frequently if required, shall furnish to the 
Commissioner financial statements from the re- 
cords required in Paragraph (a) of this Rule pre- 
pared according to generally accepted accounting 
principles. Such statements shaU include but not 
be hmited to: 

( 1) Balance sheet; 

(2) Statement of income (profit and loss); 

(3) Statement of retained earnings; and 

(4) Statement of changes in fmancial position. 
The chief executive officer for the warehouseman 
shaU certify under penalties of perjury that the 
statements as prepared accurately reflect the fi- 
nancial condition of the warehouseman as of the 
date named and fairly represent the results of 
operations for the period named. 

(c) Each warehouseman conducting a ware- 
house hcensed under these rules shall have the 
financial statements required in Paragraph (b) of 
this Rule audited by an independent certified 
public accountant. Alternatively, fmancial state- 
ments audited or reviewed by an independent 
pubhc accountant will be accepted. The Com- 
missioner may, at his discretion, require an au- 
dited financial statement prepared by an 
independent certified pubhc accountant. He may 
also, at his discretion, require an on-site exam- 
ination and an audit by Department personnel. 
Audits and reviews by independent certified 
pubhc accountants and independent pubhc ac- 
countants specified in this Rule must be made in 
accordance with standards estabhshed by the 
American Institute of Certified Pubhc Account- 
ants. The accountant's certification, assurances, 
opinion, comments, and notes on such state- 
ments, if any, must be fumished along with the 
fmancial statements. Licensees who cannot im- 
mediately meet these requirements may apply to 
the Commissioner for a temporary waiver of this 
provision. The Commissioner may grant such 



NORTH CAROLIN.A REGISTER 



221 



PROPOSED RULES 



waiver for a period not to exceed 1 80 days if the 
licensee can furnish evidence of good and sub- 
stantial reasons therefor. 

(d) r.ach warehouseman conducting a ware- 
house which is licensed under this Chapter, or for 
which apphcation for such a license has been 
made, must have and maintain: 

(1) I otal net assets liable and available for the 
payment of any indebtedness arising from 
the conduct of the warehouse of at least 
ten dollars ($10.00) multiphed by the 
warehouse capacity in bales to a maxi- 
mum of two hundred fifty thousand dol- 
lars ($250,000): howe\-er, no person may 
be licensed or remain licensed as a 
warehouseman under this Chapter unless 
that person has allowable net assets of at 
least twenty-five thousand dollars 
($25,000), |.\ny deficiency in net assets 
above the twenty-five thousand dollar 
($25,000) minimum may be supplied by 
an increase in the amount of the 
warehouseman's bond in accordance with 
Rule .001 1(c) of this Chapter]; and 

(2) Total current assets equal to or exceeding 
total current liabilities or e\'idence accept- 
able to the Commissioner that funds will 
be and remain available to meet current 
obligations. 

(e) If a warehouseman is licensed or is applying 
for licenses to operate two or more warehouses 
under this Chapter, the maximum number of 
bales which all such warehouses will accommo- 
date when stored in the mamier customar>' to the 
warehouses, as determined by the Commissioner, 
shall be considered in determining whether the 
warehouseman meets the net assets requirements 
specified in Paragraph (d) of this Rule. 

(f) Subject to such tenns and conditions as the 
Commissioner may prescribe and for the pur- 
poses of determining allowable assets and liabil- 
ities under Paragraphs (d) and (e) of this Rule: 

(1) Capital stock will not be considered a li- 
abiht\'; 

(2) Appraisals of the \alue of fixed assets in 
excess of the book value claimed in the 
fmancial statement submitted by a 
warehouseman to confonn with Para- 
graphs (b) ;md (c) of this Rule may be 
aOowed if: 

(A) prepared by independent appraisers ac- 
ceptable to the Commissioner: and 

(B) the assets are fully insured against cas- 
ualty loss. 

(3) Financial statements of a parent company 
which separately identifies the financial 
position of the warehouse as a wholly 
owned subsidiarv' and which meets the 



requirements of Paragraphs (b), (c), and 
(d) of this Rule may be accepted by the 
Commissioner in lieu of the 
warehouseman meeting such require- 
ments; and 
(4) Guaranty agreement from a parent com- 
pany submitted on behalf of a wholly 
owned subsidiary may be accepted by the 
Commissioner as meeting the require- 
ments of Paragraphs (b), (c), and (d) of 
this Rule, if the parent company submits 
a financial statement which qualifies under 
this Rule. 
(g) In case a state agency licensed or applying 
for a license as provided in the Act has funds of 
not less than five hundred thousand dollars 
($500,000) guaranteeing the performance of obli- 
gations of the agency as a warehouseman, such 
funds shaU be considered sufficient to meet the 
net asset requirements of this Rule. 

(h) In case a warehouseman files a bond in the 
form of a certification of participation in an 
indemnity or insurance fund as provided for in 
Rule .0011(b) of this Chapter, the certification 
may only be used to satisfy any deficiencies in 
assets above twentv-five thousand dollars 
($25,000). 

(i) When a warehouseman fdes a bond in the 
form of either a deposit of public debt obhgations 
of the United States or other obligations wliich 
are unconditionally guaranteed as to both interest 
and principal by the United States as provided 
for in Rule .001 1(c) of this Chapter: 

(1) The obligation deposited shall not be 
considered a part of the warehouseman's 
assets for purposes of Paragraphs (d), (1) 
and (2) of this Rule; 

(2) A deficiency in total allowable net and 
current assets as computed for Paragraphs 
(d), (1) and (2) of tlus Rule may be offset 
by the hcensed warehouseman furnishing 
a corporate surety bond for the difference; 

(3) The deposit may be replaced or continued 
in the required amount from year to year; 
and 

(4) The deposit shall not be released until one 
year after termination (cancellation or re- 
vocation) of the hcense which it supports 
or until satisfaction of any claim against 
the deposit, whiche\er is later. 

(j) Nothing in these rules shall prohibit a per- 
son other than the licensed warehouseman from 
furnishing such bond or additions thereto on be- 
half of and in the name of the hcensed 
warehouseman subject to provisions of Rule 
.0011(c) of this Chapter. 

Stamton Authoritv G.S. 106-451. 8. 



222 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.0006 LICENSE SHALL BE POSTED 

Immediately upon receipt of his license or of 
any modification or extension thereof under the 
Act, the warehouseman shall post the same, and 
thereafter, except as otherwise provided in these 
rules, keep it posted until suspended or termi- 
nated, in a conspicuous place in the principal of- 
fice where receipts issued by the warehouseman 
are dehvered to depositors. 

Statutory Authority G.S. 106-451.8. 

.0007 SUSPENSION OR REVOCATION OF 
WAREIIOLSE LICENSES 

(a) The Commissioner may summarily suspend 
a license in accordance with G.S. 150B-3. The 
Commissioner may, after opportunity for hearing 
has been afforded in the manner prescribed in 
tliis Rule, suspend or revoke a license issued to 
a warehouseman when such warehouseman: 

(1) Does not have a net worth of at least 
twenty-five thousand dollars ($25,000); 

(2) Has parted, in whole or in part, with his 
control over the licensed warehouse; 

(3) Is in process of dissolution or has been 
dissolved; 

(4) I las ceased to conduct such licensed 
warehouse; 

(5) Has in any other manner become nonex- 
istent or incompetent or incapacitated to 
conduct the business of the warehouse; 

(6) Has made unreasonable or exorbitant 
charges for services rendered; 

(7) Is operating in the same city or town in 
which his licensed warehouse facilities are 
located, any facility for storage of cotton 
which is not covered by a license or an 
exemption as provided in Rule .0003 of 
this C-hapter; or 

(8) Has in any other manner violated or failed 
to comply with any provision of the Act 
or the rules in this Chapter. 

(b) Wlicnever any of the conditions mentioned 
in Subparagraphs (1) through (S) of this Rule 
shall come into existence, it shall be the duty of 
the warehouseman to notify the Commissioner 
immediately of the existing condition. Before a 
license is revoked or suspended (other than a 
surnmap,' suspension) for any violation of, or 
failure to comply with, any provision of the Act 
or of the rules in this Chapter, or upon the 
ground that unreasonable or exorbitant charges 
have been made for services rendered, the 
warehouseman involved shall be furnished by the 
Commissioner, a written statement specifying the 
charges and shall be allowed a reasonable time 
within which he may answer the same in writing 



and apply for a hearing, an opportunity for which 
shall be afforded in accordance with G.S. 150B. 

Statutory Authority G.S. 106-451.8. 

.0008 RETURN OF SUSPENDED OR REVOKED 
WAREHOUSE LICENSE 

In case a license issued to a warehouseman ter- 
minates or is suspended or revoked by the Com- 
missioner, such license shall be retumed to the 
Secretary. At the expiration of any period of 
suspension of such hcense, unless it be in the 
meantime revoked, the dates of the beginning 
and termination of the suspension shall be en- 
dorsed thereon, it shall be retumed to the 
warehouseman to whom it was originally issued, 
and it shall be posted as prescribed in Rule .0006 
of this Chapter; or in the discretion of the Com- 
missioner a new license may be issued. 

Statutory Authority G.S. 106-451.8. 

.0009 LOST OR DESTROYED WAREHOUSE 
LICENSE 

Upon satisfactory proof of the loss or de- 
struction of a license issued to a warehouseman, 
a duplicate thereof may be issued under the same 
number. 

Statutory Authority G.S. 106-451.8. 

.0010 UNLICENSED WAREHOUSE\LA.N MUST 
NOT REPRESENT HIMSELF AS 
LICENSED 

No warehouseman shall be designated as li- 
censed under the Act and no name or description 
conveying the impression that he is so licensed 
shall be used, either in a receipt or otherwise, 
unless such warehouseman holds an unsus- 
pended and unrevoked license for the conduct of 
such warehouse. 

Statutory Authority G.S. 106-451.8. 

.001 1 BOND REQUIRED: TI.ME OF FILING 

Each warehouseman applying for a warehouse 
license under the Act shall, before such license is 
granted, file with the Commissioner or his desig- 
nated representative a bond either: 
(1) In the form of a bond containing the fol- 
lowing conditions and such other terms as 
the Commissioner or his designated repre- 
sentative may prescribe in the approved 
bond forms, with such changes as may be 
necessary to adapt the forms to the type of 
legal entity invoh'ed: 

"Now, therefore, if the said license(s) or 
any amendments thereto be granted and said 
principal, and its successors and assigns op- 



NORTH CAROLINA REGISTER 



22 ^ 



PROPOSED RULES 



crating said \varchouse(s), shall faithfully 
perform during the period of this bond all 
obligations of a licensed warehouseman un- 
der the terms of the North Carolina Cotton 
Warehouse Act and rules thereunder relating 
to the above-named products, then this ob- 
hgation shall be null and void and of no ef- 
fect, otherwise to remain in full force. For 
purposes of this bond, the aforesaid obli- 
gations under the Act and rules and con- 
tracts include obligations under any and all 
modifications of the Act, the rules, and the 
contracts that may hereafter be made, notice 
of which modifications to the surety being 
hereby waived. 

This obligation shall he and remain in fuU 
force and effect for a minimum of one year 
beginning with the effective date and shall 
be considered a continuous bond thereafter 
until terminated as herein provided. The 
total liability of the surety is limited to the 
penal amount hereof for liabilities that ac- 
crue dunng the term hereof. 

This obligation shall be and remain in full 
force and effect from date of issue until one 
hundred twenty ( 1 20) days after notice in 
writing of cancellation shall have been re- 
cei\'ed b\' the Commissioner from the prin- 
cipal or suret\ . If said notice shall be gi\"en 
by the surety, a copy thereof shall be mailed 
on the same day to the principal. Cancella- 
tion of tliis bond and cancellation of any of 
its pro\isions shall not affect any liability 
accrued thereon at the time of said notice 
or which may accrue thereon during the one 
hundred twenty (120) days after such 
notice." 

A bond in this fomi shall be subject to 
Rules .0005 and .0012 through .0015 of this 
Chapter; or 
(2) In the form of a certificate of participation 
in and coverage by an indemnity or insur- 
ance fund as approved by the Commis- 
sioner, established and maintained by the 
state, backed by the full faith and credit of 
the state, and which guarantees depositors 
of the licensed warehouse fuU 
indemnification for the breach of any obli- 
gation of the licensed warehouseman under 
the terms of the Act and rules. A certificate 
of participation and coverage in such fund 
shall be furnished to the Conunissioner an- 
nually. If administration or application of 
the fund shall change after being approved 
b\' the Commissioner, the Commissioner 
may revoke his appro\al. Such re\-ocation 
shall not affect a depositors rights which 
have arisen prior to such revocation. L'pon 



such revocation the licensed warehouseman 
then must comply with Subparagraph (I) of 
this Rule. Such certificate of participation 
shall not be subject to Rules .0012 and .0013 
of this Chapter; or 
(3) In the form of a deposit with the Conunis- 
sioner as security, United States bonds, 
Treasury notes, or other public debt obh- 
gations of the United States or obhgations 
which are unconditionally guaranteed as to 
both interest and principal by the United 
States, in a sum equal at their par value to 
the amount of the penal bond required to 
be furnished, together with an irrevocable 
power of attorney and agreement in the form 
prescribed, authorizing the Commissioner to 
collect or sell, assign and transfer such bonds 
or notes so deposited m case of any default 
in the performance of any of the conditions 
or stipulations of such penal bond. Obh- 
gations posted in accordance with this Sub- 
paragraph may not be withdrawn by the 
warehouseman until one year after license 
termination or until satisfaction of any 
claims against the obligations whichever is 
later. A bond in this form shall be subject 
to Rules .0005 and .0012 through .0015 of 
this Chapter. 

Statutoty Authority G.S. 106-451 .S. 

.0012 .WIOLNT OF BOND: .ADDITIONAL 
AMOUNTS 

(a) The amount of the bond to be furnished 
by each warehouseman under the rules in this 
Chapter, shall be at the rate of ten dollars 
($10.00) per bale for the maximum number of 
bales that the warehouse accommodates when 
stored in the manner customary to the warehouse 
as determined by the Commissioner, but not less 
than twenty thousand dollars ($20,000) nor more 
than two hundred and frfty thousand doUars 
($250,000); except as provided in Paragraphs (b) 
and (c) of this Rule. 

(b) In case a warehouseman is licensed or ap- 
plying for hcenses to operate two or more ware- 
houses in the same state, he may give a single 
bond meeting the requirements of the Act and 
the rules in this Chapter to cover all his ware- 
houses within the state and shaU be deemed to 
be one warehouse only for purposes of deter- 
mining the amount of bond required under Par- 
agraph (a) of this Rule. 

(c) In case of a deficiency in net assets above 
the twenty-five thousand dollar ($25,000) mini- 
mum required under Rule .0005(d)(1) of this 
Chapter, there shall be added to the amount of 
bond determined in accordance with Paragraph 



224 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) of this Rule an amount equal to such defi- 
ciency or a letter of credit in the amount of the 
deficiency issued to the Commissioner for a pe- 
riod of not less than two years to coincide with 
the period of any deposit of obligations under 
Rule .0011(c) of this Chapter. Any letter of 
credit must be clean, irrevocable, issued by a 
commercial bank payable to the Commissioner 
by sight draft and insured as a deposit by the 
Federal Deposit Insurance Corporation, 
(d) If the Commissioner, or his designated 
representatives, finds that conditions exist which 
warrant requiring additional bond, there shall be 
added to the amount of bond as determined un- 
der the other provisions of this Rule, a further 
amount to meet such conditions. 

Statutory Authority G.S. 106-451.8. 

.0013 AMENDMENT TO LICENSE 

In case an application is made under Rule .0002 
of this Chapter for an amendment to a license 
and no bond previously filed by the 
warehouseman covers obligations arising under 
such amendment, the warehouseman shaU, when 
notice has been given by the Commissioner that 
such amendment wiU be granted upon compli- 
ance by such warehouseman with the Act, file 
with the Commissioner, within the time, if any, 
fixed in such notice, a bond complying with the 
Act. In the discretion of the Commissioner, a 
properly executed instrument in form approved 
by him, amending, extending, or continuing in 
force and effect the obligations of a vaUd bond 
previously filed by the warehouseman and oth- 
erwise complying with the Act and the rules in 
this Chapter may be filed in lieu of a new bond. 

Statutory Authority G.S. 106-451.8. 

.0014 BOND REQl IRED E.ACH YEAR 

A continuous form of license shall remain in 
force for more than one year from its effective 
date or any subsequent extension thereof, pro- 
vided that the warehouseman has on file with the 
Commissioner a bond meeting the terms and 
conditions as outlined in Rule .0011 of this 
Chapter. Such bond must be in the amount re- 
quired by the Commissioner and approved by 
him or his designated representati\e. Failure to 
provide for or renew a bond shall result in im- 
mediate and automatic termination of the 
warehouseman's license. 

Statutory Authority G.S. 106-451.8. 

.0015 APPROVAL OF BOND 



No bond, amendment, or continuation thereof 
shall be accepted for the purposes of the Act and 
the rules in this Chapter until it has been ap- 
proved by the Corrmiissioner. 

Statutory Authority G.S. 106-451. 8. 

.0016 FORM 

(a) Every receipt, whether negotiable or non- 
negotiable, issued for cotton stored in a licensed 
warehouse shall, in addition to complying with 
the requirements of G.S. 106-451.19, embody 
within its written or printed terms the following; 
(1) The name of the licensed warehouseman 
and the designation, if any, of the ware- 
house; 

The license number of the warehouse; 
A statement whether the warehouseman 
is incorporated or unincorporated, and, if 
incorporated, under what laws; 
In the event the relationship existing be- 
tween the warehouseman and any depos- 
itor is not that of strictly disinterested 
custodianship, a statement setting forth 
the actual relationship; 
The tag number given to each bale of 
cotton in accordance with Rule .0031 of 
this Chapter; 

A statement conspicuously placed, 
whether or not the cotton is insured, and 
if insured, to what extent, by the 
warehouseman, against loss or damage by 
fire, lightning and other risks; 
The words "Not Negotiable," or "Nego- 
tiable," according to the nature of the re- 
ceipt, clearly and conspicuously printed 
or stamped thereon; 

A blank space designated for the purpose 
in which the grade and/or other classifica- 
tion may be stated; and 
A statement to the effect that the weight 
was determined by a weigher licensed un- 
der the Act, except that if the weight is not 
so determined, as permitted in Rule .0038 
of this Chapter, the receipt shall contain 
a statement to that effect. 
Every negotiable receipt issued for cotton 
stored in a licensed warehouse shall be effective 
until surrendered for delivery of the cotton, and 
every non-negotiable receipt shall be effective 
until surrendered for deliver)' of the cotton or 
until all cotton covered by the receipt has been 
delivered in response to proper delivery orders of 
the person rightfully entitled to the cotton: Pro- 
vided, that nothing contained in this Rule shall 
prohibit a warehouseman from legally selling the 
cotton when his accrued storage and other 



(2) 
(3) 



(4) 



(5) 



(6) 



(7) 



(8) 



(9) 



(b) 



NORTH CAROLINA REGISTER 



225 



PROPOSED RULES 



charges approach the current market value of the 
cotton. 

(c) In addition to complying with Paragraphs 
(a) and (b) of this Rule, every negotiable receipt 
issued for cotton stored in a licensed warehouse 
shall embody within its written or printed terms 
a statement that the cotton covered by such re- 
ceipt was classified by a licensed classifier or a 
board of cotton examiners when such cotton is 
so classified. 

(d) Whenever the grade or other class of the 
cotton is stated in a receipt issued for cotton 
stored in a Ucensed warehouse, such grade or 
other class shall be determined by a licensed 
classifier or a board of cotton examiners upon the 
basis of a sample drawn in accordance with Rule 
.0067 of this Chapter, and shall be stated in the 
receipt in accordance with Rules .0064 through 
.0070 of this Chapter. 

(e) If a warehouseman issues a receipt omitting 
the statement of grade on request of the depos- 
itor, such receipt shall have clearly and conspic- 
uously stamped or written on the face thereof the 
words "Not graded on request of depositor". 

(f) Licensed receipts issued to co\er linters shall 
be clearly and conspicuously marked "Linters". 

(g) If a warehouseman issues a receipt under 
the Act omitting any information not required to 
be stated, for which a blank space is pro\idcd in 
the form of the receipt, a line shall be drawn 
through such space to show that such omission 
has been made by the warehouseman. 

Statuloty Authority G.S. 106-45 1. S. 

.0017 C(1P1KS OF RECEIPTS 

(a) At least one actual, skeleton, or microfilm 
copy of all receipts shall be made, and all copies, 
except skeleton and microfilm copies, shall have 
clearly and conspicuously printed or stamped 
thereon the words "Copy— Not Negotiable". 

(b) A copy of each receipt issued shall be re- 
tained by the warehouseman for a period of one 
year after December 3 1 of the year in which the 
corresponding original receipt is canceled. 

(c) If copies are retained on microfilm, the 
warehouseman shall: 

(1) IIa\'e a\'ailable at all times facilities for 
immediate, easily readable projection of 
the microfilm and for producing easily 
readable facsimile enlargements; 

(2) .\rrange, index, and file the films in such 
a manner as to permit the inimediate lo- 
cation of any particular microfilm record; 
and 

(3) Be ready at all times to provide, and im- 
mediately provide, at the expense of the 



warehouseman, any facsimile enlargement 
of such microfilm copies which any au- 
thorized officers or agents of the Depart- 
ment may request. 

Statutory Authority G.S. 106-451.8. 

.0018 LOST OR DESTROYED RECEIPTS: 
BONDS 

(a) In the case of a lost or destroyed receipt, a 
new receipt upon the same terms, subject to the 
same conditions, and bearing on its face the 
number and the date of the receipt in lieu of 
which it is issued and a plain and conspicuous 
statement that it is a duphcate issued in lieu of a 
lost or destroyed receipt, may be issued upon 
compliance with the conditions set out in Para- 
graph (b) of this Rule. 

(b) Before issuing such new or duplicate receipt 
the warehouseman shall require the depositor or 
other person applying therefor to make and file 
with the warehouseman: 

(1) an affidavit showing that he is lawfully 
entitled to the possession of the original 
receipt, that he has not negotiated or as- 
signed it, how the original receipt was lost 
or destroyed, and, if lost, that diligent ef- 
fort has been made to fmd the receipt 
without success; and 

(2) a bond in an amount double the \'alue, at 
the time the bond is given, of the cotton 
represented by the lost or destroyed re- 
ceipt. Such bond shall be in a form ap- 
proved for the purpose by the 
Commissioner, shall be conditioned to 
indemnify the warehouseman against any 
loss sustained by reason of the issuance 
of such receipt, and shall have as surety 
thereon preferably a surety company 
which is authorized to do business, and is 
subject to service of process in a suit on 
the bond, in the state in which the ware- 
house is located, or at least two individ- 
uals who are residents of such state and 
each of whom owns real property therein 
ha%ing a value, in excess of all exemptions 
and encumbrances, equal to the amount 
of the bond. 

Slatutoty .Authority G.S. 106-451.8. 

.0019 PRINTING OF RECEIPTS 

No receipt shall be issued by a licensed 
warehouseman unless it is: 

(1) in a form prescribed by the Commissioner; 

(2) upon distinctive paper or card stock speci- 
fied bv the Commissioner; 



226 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) printed by a printer with whom the De- 
partment has a subsisting contract and bond 
for such printing; and 

(4) on paper manufactured by and procured 
from a manufacturer with whom the De- 
partment has a subsisting contract and bond 
for the manufacture of such paper, or on 
card stock distinctively tinted with fugitive 
ink by the printer in the marmer prescribed 
by the contract under Subparagraph (3) of 
this Rule. 

Statutory Authority G.S. 106-451. 8. 

.0020 PARTIAL DELIVERY OF COTTON 

If a warehouseman delivers a part only of a lot 
of cotton for which he has issued a negotiable 
receipt under the Act, he shall take up and cancel 
such receipt and issue a new receipt in accord- 
ance with the rules in this Chapter for the 
undehvered portion of the cotton. 

Statutory Authority G.S. 106-451.8. 

.0021 RETURN OF RECEIPTS BEFORE 
DELI\ ERY OF COTTON 

Except as permitted by law or by the rules in 
this Chapter, a warehouseman shall not dcbver 
cotton for which he has issued a negotiable re- 
ceipt under the Act until such receipt has been 
returned to hrm and canceled; and shall not de- 
liver cotton for which he has issued a non- 
negotiable receipt untU such receipt has been 
returned to him or he has obtained from the 
person lawfully entitled to such deUvery or his 
authorized agent a written dehvery order, prop- 
erly signed, specifying by bale or tag number each 
bale to be delivered from any receipt or receipts. 
Before delivering, or upon delivery of, all the 
cotton covered by a non-negotiable warehouse 
receipt, the warehouseman may require the sur- 
render of the receipt. Ihe location where receipts 
are to be surrendered shall be a location within 
reasonable proximity of the warehouse where the 
cotton is stored or other location that would not 
interfere with enforcement of the Act and rules. 

Statutory Authority G.S. 106-451.8. 

.0022 OMISSION OF GRADE: NO 

COMPULSION BY WAREIIOLSEMAN 

No hcensed warehouseman shall, directly or in- 
directly by any means whatever, compel or at- 
tempt to compel the depositor of any cotton in 
his warehouse to request the issuance of a receipt 
omitting the statement of grade. 

Statutoty Authority G.S. 106-451.8. 



.0023 INSURANCE: REQUIREMENTS 

(a) When requested in writing by the depositor 
of cotton in a licensed warehouse, or by the 
holder of the receipt covering such cotton, to in- 
sure such cotton against loss or damage by fire, 
lightning, and other risks, each licensed 
warehouseman shall secure in his own name such 
insurance under reporting forms of policies which 
automatically attach for the full value of such 
cotton, including daily changes of value through 
market fluctuations and changes in the quantity 
of such product from day to day, as soon as such 
cotton is placed in his legal custody, and he shall 
continue such insurance in effect so long as the 
cotton remains in his legal custody. Such insur- 
ance shall be covered by lawful jxjlicies issued by 
one or more insurance companies. Each 
warehouseman insuring cotton under the pro- 
visions of this Rule shall submit such reports to 
underwriters as may be required under the terms 
of such poUcies, and copies of such reports shall 
be submitted to the Department as it may re- 
quire. If the warehouseman is unable to procure 
insurance to the extent requested, he shall, orally 
or by telegraph or by telephone, and at his own 
expense, immediately notify the person making 
the request of such fact. When insurance is not 
carried in the warehouseman's name, the receipt 
shall show that the cotton is not insured by the 
warehouseman. Nothing in this Rule shall be 
construed to prevent a licensed warehouseman 
from adopting a rule that he will insure all cotton 
stored in his warehouse, but if he elects to insure 
he shall accomplish such insurance through pol- 
icies as specified in this Paragraph. 

(b) Each warehouseman shall keep exposed 
conspicuously in the place prescribed by Rule 
.0006 of this Chapter, and at such other place as 
the Commissioner may from time to time desig- 
nate, a notice, stating briefly the conditions under 
which the cotton will be insured against loss or 
damage by fire, lightning, and other risks. 

Statutory Authority G.S. 106-451. 8. 

.0024 PREMIUMS: INSPECTIONS: REPORTS 

Each warehouseman shall, in accordance with 
his contracts with insurance and bonding com- 
panies for the purpose of meeting the insurance 
and bonding requirements of the rules in this 
Chapter, pay such premium, permit such rea- 
sonable inspections and examinations, and make 
such reasonable reports as may be provided for 
in such contracts. 

Statutory Authority G.S. 106-451.8. 



NORTH CAROLINA REGISTER 



227 



PROPOSED RULES 



.0025 W ARI IIOl SIM AN K) ( Ol IICI AM) 
l^\^ ()\l K INSl KAN( K 

I'ach uarcliDUscman slial! promptly take such 
steps as may be necessary and proper to collect 
any moneys which may become due under con- 
tracts of insurance entered into by him for the 
purpose ot meeting the requirements of the rules 
in this C.'haptcr, and shall, as soon as collected, 
promptly pay o\cr to the persons concerned ;my 
portion of such moneys winch they may be enti- 
tled to recci\c from him. 

Staluloiy Aulhor'tly G.S. 106-451 .S. 

.0026 ( \KK Ol- CO I ION IN LICENSED 
W ARI IIOl SK 

I'ach warehouseman shall at all times exercise 
such care in regard to cotton in his custody as a 
reasonably careful owner would exercise under 
the same circumstances and conditions. 

Statutory Authority G.S. 106-451. S. 

.0027 C ARE OK OIIIER CO E ION AND 
OniER COMMODITIES 

If, at any time, a warehouseman shall handle 
or store cotton otherwise than as a licensed 
warehouseman, or shall handle or store any other 
commodity, he shall so protect the same, and 
otherwise exercise such care with respect to it, as 
not to endanger the cotton in his custody as a li- 
censed warehouseman or impair his ability to 
meet his obligations and pcrfomi his duties under 
the Act and the rules in this Chapter. Nonli- 
censcd cotton shall be kept separate from li- 
censed cotton. 

Statutoiy Authority G.S. 106-451. S. 

.0028 RECORDS TO I5E KEI'I IN SAEE 
PEACE 

(a) Fach warehouseman shall provide a metal 
fireproof safe, a fireproof vault, or fireproof 
compartment in which he shall keep, when not 
in actual use, all records, books, and papers per- 
taining to the licensed warehouse, including his 
cuiTcnt receipt book, copies of receipts issued, 
and canceled receipts or microfilm copies of can- 
celed receipts except that with the written con- 
sent of the Commissioner upon a showing by 
such warehouseman that it is not practicable to 
provide such fireproof safe, \ault, or compart- 
ment he may keep such records, books, and pa- 
pers in some other place of safety, appro\ed by 
the Commissioner. 

(b) I'ach canceled receipt or microfilm copy of 
each canceled receipt shall be retained by the 
warehouseman for a period of six years alter De- 
cember 31 of tlie \ear in which the receipt is 



canceled and for such longer period as may be 
necessary for the puqioses ol any litigation which 
the warehouseman knows to be pending, or as 
may be required by the Commissioner in partic- 
ular cases to carry^ out the purposes of the Act. 

(c) Canceled receipts shall be arranged by the 
warehouseman in numencal order and otherwise 
in such manner as shall be directed, for purposes 
of audit, by authorized olTicers or agents of the 
Department. 

(d) If microfilm copies of canceled receipts are 
to be retained in lieu of canceled receipts, the 
warehouseman shall: 

(1) Have available at all times facilities for 
immediate, easily readable projection of 
the microfilm and for producing easily 
readable facsimile enlargements; 

(2) .Vrrange, index, and file the films in such 
a manner as to pennit the immediate lo- 
cation of any particular microfilm copy; 
and 

(3) Be ready at all times to pro\ide, and im- 
mediately provide, at the expense of the 
warehouseman, any facsimile enlargement 
of such microfilm copies wliich any au- 
thorized officers or agents of the Depart- 
ment may request. 

Statutory Authority G.S. 106-451 .8. 

.0029 WAREIIOESE CHARGES 

A licensed warehouseman shall not make any 
unreasonable, exorbitant, or discriminatory 
charge for services rendered. Before a license to 
conduct a warehouse is granted under the Act, 
the warehouseman shall file with the Department 
a copy of his rules, if any, and a schedule of the 
charges to be made by him if licensed. Effective 
at the beginning of any cotton season, a licensed 
warehouseman may change his rate of charges for 
storage and other ser\'ices, and the new rates may 
apply to all cotton then in storage as well as 
cotton received thereafter. At or before the be- 
ginning of each season every licensed 
warehouseman shall file uith the Department a 
copy of his rules, if any, and of liis schedule of 
charges for the ensuing season. Should a licensed 
warehouseman wish to make changes in his rates 
to become effective at any time other than at the 
beginning of a season, he shall file with the De- 
partment an amended schedule showing the 
contemplated changes, accompanied by a state- 
ment setting forth the reasons therefor. No in- 
crease in the storage rate shown in such an 
amended schedule shall apply to cotton in stor- 
age at the time the changes become effective. A 
licensed warehouseman may demand payment 
of all accnied chariies at the close of each cotton 



22S 



NORTH CAROLINA RECISTER 



PROPOSED RULES 



season. If, upon demand, the owner of the cot- 
ton refuses to pay such charges at the end of a 
season, the warehouseman may take such action 
to enforce collection of his charges as is permitted 
by the laws of the state in which the warehouse 
is located. Each licensed warehouseman shall 
keep a copy of his current rules and schedule of 
charges exposed conspicuously in the place pre- 
scribed by Rule .0006 of this Chapter and at such 
other place accessible to the public as the Com- 
missioner may from time to time designate. For 
the purposes of this Rule the cotton season shall 
commence, with respect to each warehouse, at 
such time not later than September 1 of each 
year, as the operator of the warehouse shall se- 
lect, and he shall notify the Department in writ- 
ing not less than five days next preceding the date 
selected. 

Statutory Authority G.S. 106-451. S. 

.0030 BUSINESS HOURS 

(a) Each licensed warehouse shall be kept open 
for the purpose of receiving cotton for storage 
and deUvering cotton out of storage every busi- 
ness day for a period of not less than six hours 
between the hours of 8:00 a.m. and 6:00 p.m., 
except as pro\ided in Paragraph (b) of this Rule. 
The warehouseman shall keep conspicuously 
posted on the door of the public entrance to his 
office and to his warehouse a notice showing the 
hours during which the warehouse will be kept 
open, except when such warehouse is kept open 
continuously from 8:00 a.m. to 6:00 p.m. 

(b) In case the warehouse is not to be kept 
open as required by Paragraph (a) of this Rule, 
the notice posted as prescribed in Paragraph (a) 
of this Rule shall state the period during which 
the warehouse is to be closed and the name of 
an accessible person, with the address where he 
is to be found, who shaU be authorized to deliver 
cotton stored in such warehouse, upon lawful 
demand by the depositor thereof or the holder 
of the receipt therefor, as the case may be. 

Statutory Authority G.S. / 06-45/. 8. 

.0031 NUMBERED TAGS TO BE .ATTACHED 
TO BALES 

Each warehouseman shall, upon acceptance of 
any bale of cotton for storage, immediately attach 
thereto a numbered tag of good quality which 
shall identify the bale. Such tag either shall be 
made of reasonably heavy waterproof paper or 
Linen, with reinforced eyelet or eyelets, and be 
attached to the bale with a flexible, rustproof 
wire, or shall be made of such other material and 
attached by such other means as shall be ap- 



proved by the Commissioner. The tags shall be 
attached in numerical sequence or any series of 
sequence clearly distinguishable from each other. 

Statutory Authority G.S. 106-451.8. 

.0032 ARRANGEMENT OF STORED COTTON 

(a) Each warehouseman shall store each bale 
of cotton for which a receipt under the Act has 
been issued so that the tag thereon, required by 
Rule .0031 of tliis Chapter is visible and readily 
accessible, except as provided in Paragraph (b) 
of this Rule, and shall arrange all other cotton in 
his hcensed warehouse so as to permit an accu- 
rate check thereof 

(b) If any Uccnscd warehouseman is tendered 
for storage cotton of same grade and staple and 
in such quantity by any one depositor that effi- 
ciency of operation dictates that such cotton 
should be stored in lots without reference to vis- 
ibility of all tags on all bales within any lot, the 
warehouseman may store such cotton of same 
grade and staple belonging to the same depositor 
in lots of not less than 25 bales nor more than 
200 bales: Provided, however, that each bale en- 
tering into the lot must bear an individual iden- 
tification tag, and each lot must be so stored that 
the number of bales within the lot may be accu- 
rately detcnnined. 

(c) An identification card or tag shall be at- 
tached by the warehouseman to each lot of cot- 
ton which shall show the lot number and the 
number of bales in the lot. The warehouseman 
shall also maintain an office record showing bale 
or tag number of each bale in the lot and the lo- 
cation of the lot in the warehouse. Each lot shall 
be so arranged as to be readily distinguishable 
from each and every other lot. When requested 
by a proper representative of the Department 
engaged in making an examination of the ware- 
house, the warehouseman shall tear or break 
down at his own expense such stacks or lots of 
cotton as the examiner deems necessary to a 
proper examination. Before any warehouseman 
undertakes to store in accordance with this Rule 
he shall submit a statement setting forth: 

(1) His reasons for desiring to avail himself 
of this Rule; and 

(2) The plan of storage he proposes to follow, 
and he shall secure prior permission from 
the Commissioner to practice such 
method of storage. 

Statutory Authority G.S. 106-451.8. 

.0033 SYSTEM OF ACCOUNTS 

Each warehouseman shall use for his licensed 
warehouse a system of accounts, approved for 



NORTH CAROLINA REGISTER 



229 



PROPOSED RULES 



tlic purpose by the Department, which shall 
show for eacli hale of cotton the tag number 
mentiimcd in Rule .0031 of this Chapter, its 
weight, its class when its class is required to be, 
or is, ascertained, its location, the dates received 
for. and deli\ered out of, storage, and the receipts 
issued and canceled, and such accounts shall in- 
clude a detailed record of all moneys received and 
disbursed and of all effective insurance policies. 
Such records shall be retained by the 
w archouseman for a period of six years after De- 
cember 31 of the year in which created, and for 
such longer period as may be necessary for the 
purposes of any litigation which the 
warehouseman knows to be pending, or as may 
be required by the Commissioner in particular 
cases to earn," out the purposes of the Act. 

Statutoij Authority G.S. 106-451 .8. 

.0034 RF.POKTS 

Fach licensed warehouseman shall, from time 
to time, when requested by the Commissioner, 
make such reports, on forms prescribed and fur- 
nished for the purpose by the Department, con- 
cerning the condition, contents, operation, and 
business of the warehouse as the Commissioner 
ma\' require. 

Statutoij Authority G.S. 106-451 .S. 

.0035 C.WCKLKD RKCKII'IS: .VIDIIING 

Each warehouseman, when requested by the 
Department, shall forward his canceled receipts 
for auditing to the Department. For the purpose 
of this Rule, only such portion as the Depart- 
ment may designate of each canceled receipt, 
numbered to correspond with the actual receipt 
number, need be submitted. 

Statuton Authority G.S. 106-451 .8. 

.0036 COPIKS or KKPORTS TO I5F. KEPT 

Fach warehouseman shall keep on file, as a part 
of the records of the warehouse, for a period of 
three years after December 31 of the year in 
wliich submitted, an exact copy of each report 
submitted by such warehouseman under the rules 
in this Chapter. 

Statutory Authority G.S. 106-451.8. 

.0037 INSPKCTIONS AM) KXAMIN \1 IONS 
OF WARFIlOl SKS 

Fach licensed warehouseman shaU permit any 
officer or agent of the Department, authorized 
by the Commissioner for the purpose, to enter 
and inspect or examine, on an\' business day 



during the usual hours of business, any \\are- 
house for the conduct of which such 
warehouseman holds a license, the office thereof, 
the books, records, papers, and accounts relating 
thereto, and the contents thereof, and such 
warehouseman shall furnish such officer or agent, 
when he so requests, the assistance necessary to 
enable him to make any inspection or examina- 
tion under this Rule. 

Statutory Authority G.S. 106-451.8. 

.0038 WEIGHING OF COTTON: WEIGHING 
APPAR.\TLS 

(a) All cotton before being stored in a licensed 
warehouse, shall be weighed at the warehouse by 
a licensed weigher, and the weight so determined 
shall be stated on the warehouse receipt; except 
that by agreement with the depositor, point of 
ongin weights ma\' be stated on the receipt for 
cotton tendered for storage in a lot the identity 
of which is to be preser\'cd during storage and 
shipment from the warehouse, and for which a 
multiple bale receipt is to be issued: Pro\'ided. 
that if such lot is broken at the warehouse, each 
bale shall be weighed at the warehouse by a li- 
censed weigher before single bale warehouse re- 
ceipts are issued. 

(b) Each licensed warehouse shall be equipped 
with scales acceptable to the Department for 
weighing cotton into and out of the warehouse. 
1 he weighing apparatus used for ascertaining the 
weight stated in a receipt or certificate, issued for 
cotton stored in a licensed warehouse, shall be 
subject to examination by an officer or agent of 
the Department designated by the Commissioner 
for the purpose. If the Department shall disap- 
prove such weighing apparatus, it shall not 
thereafter, unless such disapproval be withdrawn, 
be used in ascertaining the weight of any cotton 
for the purposes of the Act and the rules in this 
Chapter. 

Statutory Authority G.S. 106-451.8. 

.0039 LOOSE COTTON 

Fach warehouseman shall keep his warehouse 
reasonably free of loose cotton, except in a space 
or container separate and apart from other cot- 
ton. 

Statutory Authority G.S. 106-451.8. 

.0040 E.XCESS STORAGE 

(a) If at any time a warehouseman shaU store 
cotton in his licensed warehouse in excess of the 
capacity thereof as determined in accordance 
with Rule .0012 of this Chapter, such 



2M) 



NORTH CAROLIi\A REGISTER 



PROPOSED RULES 



warehouseman shall so arrange the cotton as not 
to obstruct free access thereto and the proper 
operation of the sprinkler or other fire protection 
equipment provided for such warehouse, and 
shall immediately notify the Commissioner of 
such excess storage, the reason therefor and the 
location thereof. 

(b) A warehouseman who lacks space and de- 
sires to transfer at his own expense, identity pre- 
served depositor stored cotton, for which receipts 
have been issued to another licensed warehouse 
may physically do so subject to the following 
terms and conditions: 

(1) The transferring (shipping) warehouse- 
man's accepted rules or schedule of 
charges must contain notice that the 
warehouseman may forward cotton de- 
posited on an identity prescr\'ed basis with 
the written pennission of the depositor 
under such terms and conditions as the 
Commissioner may prescribe; 

(2) For purposes of this Rule, a licensed 
warehouse means a warehouse operated 
by a warehouseman who holds an unsus- 
pended, unrevoked license under the Act 
or the U.S. Warehouse Act for cotton or 
a warehouse operated by a warehouseman 
who holds an effective warehouse license 
for the public storage of cotton issued by 
a state that has financial, bonding and ex- 
amination requirements for the benefit of 
all depositors at least equal to the re- 
quirements of this Rule; 

(3) The transferring (shipping) warehouseman 
must list all forwarded bales on a Bill of 
Lading by receipt number and weiglit, in 
blocks not to exceed 200 bales. The re- 
ceiving warehouse shall promptly issue a 
non-negotiable block receipt for each 
block attaching a copy of the correspond- 
ing IWLs of Lading to each receipt and 
forward the receipt promptly to the trans- 
ferring warehouseman. Ihe receiving 
warehouseman will store each block in- 
tact, attach a header card showing the re- 
ceipt number, number of bales and a copy 
of the Bill of Ladmg with the individual 
tag numbers. Such non-negotiable block 
receipts shall have printed or stamped in 
large bold outline letters diagonally across 
the face the words "NO! NEGOTI- 
ABLE". Receipts are not valid for 
collateral purposes. They shall be re- 
tained by the shipping warehouseman to 
be presented to and used by Department 
examiners in lieu of an on-site inventory. 
The cotton covered by such receipts is not 
the property of either the receiving or 



shipping warehouseman but held in trust 
by both solely for the benefit of the 
depositors whose baled cotton was trans- 
ferred individually or collectively and the 
depositor or the depositor's transferee re- 
tains title thereto; 

(4) The shipping warehouseman's bond shall 
be increased to consider the addition of 
the transferred cotton to the licensed ca- 
pacity of the warehouse with the net asset 
requirements based on the total of the li- 
censed capacity and the forwarded cotton. 
The bond amount need not be more than 
two hundred and fifty thousand doUars 
($250,000) unless necessary to cover a de- 
ficiency in net assets to meet require- 
ments. The receiving warehouseman 
must not incur storage obligations that 
exceed the licensed capacity of the receiv- 
ing warehouse; 

(5) The shipping warehouseman continues to 
retain storage obligations to the owners 
of all cotton deposited in the warehouse 
for storage whether forwarded or retained 
and is, except as otherwise agreed upon 
under Paragraph (b)(6) of this Rule, re- 
quired to redeliver the cotton, upon de- 
mand, to the depositor or the depositor's 
transferee at the warehouse where the 
cotton was first deposited for storage; 

(6) The owner of cotton deposited for storage 
at the warehouse must make settlement 
and take delivery at the warehouse where 
the cotton was first deposited for storage, 
unless the owner of the cotton, with the 
consent of both the shipping 
warehouseman and the receiving 
warehouseman, elects to take delivery at 
the warehouse to which cotton was trans- 
ferred under this Rule; 

(7) Nothing in this Rule diminishes the right 
of the owner of the cotton to receive or 
the obligation of the warehouseman of a 
licensed warehouse from which the prod- 
uct is transferred, to deliver to the owner 
the same cotton, identity preserved, called 
for by the warehouse receipt or other evi- 
dence of storage; 

(8) Recording and retention of non-negotiable 
warehouse receipts received as a result of 
forwarding cotton under this Rule shall 
be subject to the requirements for ware- 
house receipts specified elsewhere in these 
rules; and 

(9) If it is the shipping warehouseman's obli- 
gation by terms of the warehouse receipt 
or otherwise to insure the cotton subject 
to the transfer, he must in accordance 



NORTH CAROLINA REGISTER 



231 



PROPOSED RILES 



with Rule .0023 of this Chapter keep such 
ccitton insured in his own name or transfer 
the cotton only to a warehouse where the 
cotton IS full\ insured. 

SiatiiUvy Authoniy G.S. /06-45/.S. 

.(M)41 KIM()\ \I Ol CO 11 ON 1 ROM 
SrOKACiK 

Fxcept as may be permitted by the .Act or the 
iTiles in this Chaj^ter. a warehouseman shall not 
remo\e any cotton, for storage, from the hcensed 
warehouse or a part thereof desigitated in the re- 
ceipt for such cotton, il" by such remowil the in- 
surance thereon will he impaired, without fust 
obtaining the consent in wnting of the holder of 
the receipt, and endorsing on such receipt the fact 
of such removal. I'nder no other circumstances, 
unless it becomes absolutely necessary to protect 
the interests of holders of receipts, shall cotton 
be remo\ed from the warehouse, and imme- 
diately upon any such remo\"al the 
warehouseman shall notify the Commissioner of 
such rcmo\al and the necessity therefor. 

Statuiofj Authority G.S. I06-45I.S. 

.0042 SrORACI Ol W K I AM) I IKK- 
nAMA(,Kl) (OnON 

A warehouseman >hall not place any bale of 
cotton that is excessi\ cl\ wet in contact with any 
other cotton m the licensed warehouse. .\ 
warehouseman >hall not store in the same com- 
partment with cotton that has not been damaged 
by fire any cotton that has been damaged by fire 
until the nsk of fire therein has passed and the 
fire-damaged cotton has been removed from the 
bale, and then he shall not store it in contact with 
cotton that has not been so damaged. 

Slalutofy Authority G.S. 106-451 .8. 

MU^ (OrrON llAM)I.IN(;:SrORA(;K: 
lN.lt KIKS 

A warehouseman shall not handle or store cot- 
ton in such manner as will injure or damage it. 
or in any part of the warehouse in which it is 
likely to be injured or damaged by excessi\'e 
moisture, or otherwise. 

Statutoiy Authority G.S. 106-451 .8. 

.0044 I IRK I OSS lO lU. RKI'ORIKI) in 
WIRK 

It at any time a fire shall occur at or within any 
licensed warehouse, it shall be the duty of the 
warehouseman to report immediately by wire to 
the Commissioner the occurrence of such lire and 
the extent of damage. 



Statutory Authority G.S. 106-451 .8. 

.0045 SIGN ATI RKS ON RK.CFIPTS TO BE 
MLKD Willi DKI'ARIMKNT 

I!ach warehouseman shall file with the Depart- 
ment the name and genuine signature of each 
person authoriy.cd to sign warehouse receipts for 
the licensed warehouseman, and shall promptly 
notify the Department of any changes as to per- 
sons authonzed to sign, and shall file siLnatures 
of such persons. 

Statutoty Authority G.S. 106-451.8. 

.0046 SIGNS ON I IKI I) W ARKIIOl SKS 

(a) Tvcry warehouseman operating a "field" 
or "custodian" warehouse shall, during the life 
of his license, display :ind maintain appropriate 
signs on the Hcensed warehouse, both on the in- 
side and on the extenor walls of the warehouse, 
and particularly on doors and usual places of 
entry", in such manner as will ordinarily be cal- 
culated to gi\'e the public correct notice of his 
tenancy of all buildmgs or parts thereof included 
in liis license. 

(b ) Such signs shall be of such size and design 
as to readily attract the attention of the public 
and shall include the following: 

( 1 1 the name and license number of the 
licensee. 

(2) the name of the warehouse, 

(3) whether the warehouseman is owner or 
lessee, and 

(4) the words "Public Warehouse". 

ic) Such other wordmg or lettering may appear 
in the sign or signs not inconsistent with the 
puri'>ose of the Act and the rules in this Chapter 
subject to the appro\al of the Department. 

(d) Immediately upon the expiration or sus- 
pension or re\'ocation of a license all signs re- 
quired under this Rule shall be removed from the 
warehouse. 

(e) No sign other than that required by this 
Rule shall remain on a licensed warehouse. 

Statutory Authority G.S. 106-451.8. 

.0047 CKRIIMCAIES TO BK FII.KD W 11 M 
W ARKIIOl SEMAN 

When a grade or weight certificate has been is- 
sued by a licensed grader or weigher, a copy of 
such certificate shall be tiled with the 
warehouseman in whose warehouse the cotton 
covered by such certiiicate is stored, and such 
certificates shaU become a part of the records of 
the licensed warehouseman. The licensed 
warehouseman shall also keep a cop\ of each 



2.-?- 



.\ORTH CAROLIXA REGISTER 



PROPOSED RULES 



Form A memorandum and lorm C certificate 
issued by a board of cotton examiners which 
forms a basis of any receipt issued by the 
warehouseman. All certificates and memoranda 
within this Rule shall be retained in the records 
of the licensed warehouseman for a penod of one 
year after December 3 1 of the year in which the 
receipt based on such certificates or memoranda 
is canceled. 

Statutoiy Authority G.S. 106-451.8. 

.0048 I)RA\MN(; OI' S.\M1'LKS 

r'ach warehouseman shall have in his employ 
at all times one or more licensed samplers whose 
duty it shall be to draw samples from any cotton 
stored or to be stored in the licensed warehouse 
if the owner of such cotton or any person haN'ing 
a legal right to have such cotton sampled requests 
that samples be drawn. When directed by the 
Commissioner such requests shall be in writing. 
Such samplers shall perform their duties under 
the supervision and at the direction of the li- 
censed warehouseman and the samples shall be 
drawn in accordance with Rule .0068 of this 
Chapter. 

Statutmy .iiit/iority G.S. 106-451.8. 

.0049 SAMI'l.l S: l)RA\\IN(; AND MARKING: 
MOW 

All samples drawn from cotton in the custody 
of a hcensed warehouseman for storage in a li- 
censed warehouse shall be drawn by licensed 
samplers in the employ of the licensed 
warehouseman and at his direction and under liis 
supervision. Each sample shall be appropriately 
marked to show the tag number of the bale of 
cotton from which it was drawn and the date of 
sampling. A record of the sampling, including 
the wntten request, if any, of the owner of the 
cotton or the person ha\ ing a legal riglit to ha\e 
such cotton sampled, shaU be kept by the li- 
censed warehouseman as a part of the warehouse 
records, for a period of one year after December 
.^1 of the year in which such cotton is remo\'ed 
from the warehouse. 

Statutmy .Authority G.S. 106-451 .8. 

.0050 S.VMPLER'S: CLASSII'IER'S: AND 
\\l KillKR'S AIM'I ICAIIONS 

(a) Applications for licenses to sample, classify 
and/or vveigli cotton under G.S. 106-451.14 shall 
be made to the Commissioner on forms fur- 
nished for the purpose by him. 

(b) liach such application shall be in English, 
shall be signed by the applicant, shall be venfied 



by him, under oath or affirmation administered 
by a duly authorized officer, and shall contain or 
be accompanied by: 

(1) rhe name and location of a warehouse or 
warehouses licensed, or for which apph- 
cation for license has been made, under 
the Act, in which cotton souglit to be 
sampled, classified and/or weighed under 
such license is or may be stored; 

(2) A statement from the warehouseman 
conducting such warehouse showing 
whether or not the applicant is competent 
and is acceptable to such warehouseman 
for the purpose; 

(3) Satisfactory evidence that he is competent 
to sample, classify and/or weigh cotton; 

(4) A statement by the applicant that he 
agrees to comply with and abide by the 
terms of the Act and the rules in this 
Chapter so far as the same may relate to 
him; and 

(5) Such other information as the Commis- 
sioner may deem necessarv". 

Provided, that when an application for a license 
to classify cotton is fded by a person who does 
not intend to classify cotton for any particular 
licensed warehouseman but who does intend to 
classify cotton stored or to be stored in a hcensed 
warehouse and to issue class certificates therefor, 
as pro\ided for by the Act and the rules in this 
Chapter, independent of the warehouse receipts 
issued to cover such cotton, it shall not be nec- 
essary to furnish such statement as is required in 
this Paragraph. 

(c) For the purpose of classifying cotton under 
the rules in tliis Chapter, each hcensed classifier 
who holds an unsuspended or unrevoked hcense 
under the Cotton Standards Act of March 4, 
1923, and regulations thereunder to classify cot- 
ton and certificate the grade thereof shall be 
deemed competent and a license may be issued 
to him under the Act upon furnishing the infor- 
mation required by Paragraph (b) of this Rule. 

(d) The applicant shall at any time furnish such 
additional information as the Commissioner shall 
find to be necessary to the consideration of his 
application. 

(e) A single application may be made by any 
person for a license as a sampler, classifier and 
weigher upon complying with all the require- 
ments of this Rule. 

Statutory Authority G.S. 106-451.8. 

.0051 EXAMINATION OF APPLICANT 

Each apphcant for a license as a sampler, 
classifier and/or weigher and each licensed samp- 
ler, classifier and/or weigher shall, whenever re- 



NORTH CAROLINA REGISTER 



2i3 



PROPOSED RULES 



quested by an authorized agent of the 
Department designated by the Commissioner, for 
the purpose, submit to an examination or test to 
show his ability to properly sample, classify or 
weigh cotton, as the case may be. and shall also 
make available for inspection copies of the 
standards of classification or the weighing appa- 
ratus as the case may be, used or to be used by 
him. 

Statutoiy Auihority G.S. 106-451 .8. 

.0052 F'OSTING OF 1 ICENSF. 

Each licensed classifier shall keep his license 
conspicuously posted in the office where all or 
most of the classifying is done, and each licensed 
sampler and or weigher shall keep his license 
conspicuously posted in the warehouse otTice or 
in such place as may be designated for the pur- 
pose by a representative of the Department. 

Siaiulory Auihority G.S. 106-451 .S. 

.0053 Dl TIFS OF S.VMPLER: CL.\SSIFIFR 
AND \\FIGIIER 

Each ficensed classifier or wciglier whose license 
remains in etTect shall, without discnmination, 
as soon as practicable, and upon reasonable 
terms, classify or weigh and certificate the class 
or weight, respectively, of cotton stored or to be 
stored in a licensed warehouse to which his li- 
cense appUes, il~ such cotton is offered to him 
under such conditions as permit the proper per- 
formance of such functions: except that no class 
or weiglit certificate need be issued when the class 
or weight so determined is entered on a receipt 
by the licensed classifier or weigher making the 
determination thereof liach licensed sampler 
shall sample cotton stored or to be stored in a 
licensed warehouse for which he holds a license, 
in accordance with Rule .0048 of this Chapter. 
Each licensed sampler, classifier, and weigher 
shall gi\'e preference to persons who request his 
ser\'ices as such over persons who request his 
sen.'ices in any other capacity. No class or weight 
certificate shall be issued under the Act for cotton 
not in the custody of a licensed warehouseman 
for purposes of storage in a licensed warehouse, 
nor shall cotton not in the custody of such a 
warehouseman for such purpose be sampled by 
a licensed sampler acting as such. 

Statutoty Authority G.S. 106-451. S. 

.0054 CL.\SS CERTIFIC.MES: FORM 

(a) Each class certificate issued under the .Act 
by a licensed classifier shall be in a form ap- 
pro\ed for the purpose by the Commissioner, 



and shall embody within its written or printed 
terms: 

(1) The caption "Cotton class certificate"; 

(2) \Vhether it is an origmal, a duplicate, or 
other copy; 

(3) The name and location of the licensed 
warehouse in which the cotton is or is to 
be stored; 

(4) The date of the certificate; 

(5) The location of the cotton at the time of 
classification; 

(6) The identification of each bale of cotton 
by the tag number given to the bale in 
accordance with Rule .0031 of this Chap- 
ter or if there be no such tag number by 
other marks or numbers; 

(7) The grade or other class, except length 
of staple, of each bale of cotton covered 
bv the certificate, in accordance with 
Rules .0064 through .0069 of this Chap- 
ter, as far as applicable, and the standard 
or description in accordance with which 
the classification is made; 

(8) A blank space designated for the purpose 
in which the length of staple may be 
stated: 

(9j That the certificate is issued by a licensed 
classifier under the Act and rules there- 
under; and 
(10) The signature of the licensed classifier. 
In addition, the class certificate may include any 
other matter not inconsistent with the Act or the 
rules in this Chapter. pro\ided the approval of 
the Department is first secured. 

(b) Form A memorandums and form C cer- 
tificates issued by a board of cotton examiners 
and class certificates issued by licensed classers 
under the United States Cotton Standards Act (7 
L.S.C. 51 et seq.) shall be deemed sutficient for 
the purposes of the Act and the rules in this 
Chapter, if the samples on which they are based 
were drawn in accordance with applicable re- 
quirements of Rule .0067 of this Chapter, and, 
in case of a class certificate issued by such a li- 
censed classer, if the classer holds an unsus- 
pcnded and unrevoked license under each of said 
acts. 

Statutoiy Authority G.S. 106-451.8. 

.0055 WEIGHT CERTIFICATES: FORM 

Each weight certificate issued under the Act by 
a licensed weigher shall be in a form appro\ed for 
the purpose by the Commissioner, and shall em- 
body within its written or printed terms: 

( 1 ) 1 he caption "Cotton weight certificate"; 

(2) Whether it is an original, a duplicate, or 
other copy; 



'i4 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) The name and location of the licensed 
warehouse in which the cotton is or is to be 
stored; 

(4) The date of the certificate; 

(5) The location of the cotton at the time of 
weighing; 

(6) The identification of each bale of cotton by 
the tag number given to the bale in accord- 
ance with Rule .0031 of tliis Chapter or if 
there be no such tag number by other marks 
or numbers; 

(7) The gross, or net and tare, v\eiglit of the 
cotton and, if the cotton be excessively wet 
or otherwise of a condition materially af- 
fecting its weiglit, a statement of such fact to 
which may be added the weigher's estimate 
of the number of pounds which should be 
allowed for such condition; 

(8) That the certificate is issued by a licensri 
weigher under the Act and the rules there- 
under; and 

(9) The signature of such licensed weigher. 

In addition, the wciglit certificate may include 
any other matter not inconsistent with the Act 
or the rules in this Chapter, provided the ap- 
proval of the Department is first secured. 

Statutofj Authority G.S. 106-451 .S. 

.0056 ( OMBINKH CI ASS AM) WKIGIIT 
CKRIII ICAIKS 

The class and weight of any cotton, ascertained 
by a licensed classifier and a licensed weigher, 
may be stated on a certificate meeting the com- 
bined requirements of Rules .0054 and .0055 of 
this Chapter if the form of such certificate shall 
have been approved for the purpose by the 
Commissioner. 

Statutory Authority G.S. 106-451.8. 

.0057 corMi:s oi- ckrtimcates to be 

KKPI 

[:ach licensed classifier and each licensed 
weigher shall keep for a period of one year in a 
place accessible to interested persons a copy of 
each certificate issued by him under the rules in 
this Chapter and shall file a copy of each such 
certificate v\ith the warehouse in which the cot- 
ton co\ered by the certificate is stored. 

Statutoiy Authority G.S. 106-451.8. 

.0058 I K KNSKES K) PFKMH AM) ASSIST 
IN INSPKCnON 

Fach licensed sampler, classifier, and or weiglier 
shall permit any officer or agent of the Depart- 
ment authorized by the Commissioner for the 
purpose, to inspect or examine, on any business 



day during the usual hours of business, his 
books, papers, records, and accounts relating to 
the peribrmance of his duties under the Act and 
the rules in this Chapter, and shaU, with the 
consent of the licensed warehouseman con- 
cerned, assist any such officer or agent in the in- 
spection or examination mentioned in Rule .0037 
of this Chapter as far as any such inspection or 
examination relates to the performance of the 
duties of such hcensed sampler, classifier, and/or 
weigher under the Act and this Rule. 

Statutory Authority G.S. 106-451.8. 

.0059 RK PORTS 

liach hcensed sampler, classifier, and/or weigher 
shall, from time to time, when requested by the 
Commissioner, make reports, on forms furnished 
for the purpose by the Department, bearing upon 
his activities as such licensed sampler, classifier, 
and /or weigher. 

Statutory Authority G.S. 106-451.8. 

.0060 I.ICF.NSES: SUSPENSION OR 
REVOCATION 

(a) The Commissioner may summarily suspend 
a license in accordance with G.S. 150B-3. The 
Commissioner may, after opportunity for hearing 
has been afforded in the manner prescribed in 
G.S. 150B, suspend or revoke a license issued to 
a licensed sampler, classifier, and/or weigher 
when such Hcensed sampler, classifier, and/or 
weigher: 

has ceased to perform ser\'ices as such 
sampler, classifier, and/or weigher, or 
has in any other manner become incom- 
petent or incapacitated to perform the 
duties of such licensed sampler, classifier, 
and/or weigher. 

As soon as it shall come to the attention 
of a licensed warehouseman that any of the con- 
ditions mentioned under Subparagraphs (1) and 
(2) of this Rule exist, it shall be the duty of such 
warehouseman to notify, in writing, the Com- 
missioner. Before the license of any hcensed 
sampler, classifier, and/or weigher is permanently 
suspended or revoked pursuant to G.S. 150B, 
such hcensed sampler, classifier, and/or weigher 
shall be furnished by the Commissioner a written 
statement specifying the charges and shall be al- 
lowed a reasonable time within which he may 
answer the same in writing and apply for a hear- 
ing, an opportunity for which shaU be afforded 
in accordance with G.S. 150B. 

Statutoiy Authority G.S. 106-451. 8. 



(1) 
(2) 

(b) 



NORTH CAROLINA REGISTER 



2^5 



PROPOSED RULES 



.0061 S( SPFNOKD OR KEVOKFO LICENSES: 
KK. I LKN: lEKMINATION OK LICENSE 

(a) In case a license issued to a sampler, 
classifier, and, or weigher is suspended or revoked 
by the Commissioner, such license shall be re- 
turned to the Commissioner. At the expiration 
of any period of suspension of such license, un- 
less in the meantime it be revoked, the dates of 
the beginning and termination of the suspension 
shall be endorsed thereon, and it shall be returned 
to the licensed sampler, classifier, and or wciglier 
to whom it was onginally issued, and it shall be 
posted as prescribed m Rule .U052 of tliis Chap- 
ter. 

(b) .-\ny license issued, under the .Act and the 
rules in this Chapter, to a sampler, classifier, 
and or weigher shall automatically terminate as 
to any warehouse whenever the license of such 
warehouse shall be revoked or canceled. There- 
upon the license of such sampler, classifier, 
and or weigher shall be returned to the Com- 
missioner. In case such license shall apply to 
other warehouses, the Commissioner shall issue 
to him a new license, omitting the names of the 
warehouses covering which licenses have been 
revoked. Such new license shall be posted as 
prescribed in Rule .0052 of this Chapter. 

Stalulory Aulhoriiy G.S. 106-451 .8. 

.0062 LOST OK DESTROM D LICENSES 

Upon satisfactoPi' proof of the loss or de- 
struction of a hcense issued to a licensed sampler, 
classifier, and or weiglier, a duplicate thereof may 
be issued under the same number. 

Statuton Authority G.S. 106-451. S. 

.006.? I NLICENSED CL.\SSII ILRS AND 
\VEIC;ilEI« 

No person shall in any way represent himself to 
be a sampler, classifier, and/or weigher hcensed 
under the .Act unless he holds an unsuspended 
and unrevoked hcense issued under the Act. 

Statutory- Authority G.S. 106-451. 8. 

.0064 STALKMENT OF CLASS 

^^T^enever the grade or other class of cotton is 
required to be. or is, stated for the purpose of the 
Act or the rules in this Chapter it shall be stated 
in accordance with Rules .0064 through .0069 of 
this Chapter as far as appUcable. 

Statutoiy Authority G.S. 106-451.8. 

.006S OFFK L\I CO L LON STANDARDS OF 
LI IK I NITED STATES 



The official cotton standards of the United 
States, established and promulgated under the 
United States Cotton Standards Act of .March 4, 
1923 (42 Stat. 1517; 7 U.S.C. 51-56), withm their 
scope, are hereby adopted by reference in ac- 
cordance with G.S. 150B- 14(c), as the official 
cotton standards for the purposes of the Act and 
the rules in this Chapter. 

Statutory Authority G.S. 106-451.8. 

.0060 DEFECTIXE COTTON: DESIGN.UTON: 
TERMS DEFINED 

(a) Cotton that: 

( 1 ) Because of the presence of extraneous 
matter of any character or irregularities or 
defects, is reduced in value below that of 
Good Ordinary, 

(2) Is below the grade of Good Ordinary, 

(3) Is below the grade of Low Middling, if 
tinged, 

(4) Is below the grade of Middling, if stained, 

(5) Is linters. 

(6) Is less than seven-eighths of an inch in 
length of staple, 

(7) Is of perished staple, 

(8) Is of iinmature staple, 

(9) Is gin cut, 

(10) Is reginned, 

(11) Is repacked, 

(12) Is false packed. 

(13) Is mixed packed, or 

(14) Is water packed, shall be designated as 
such. 

In the case of Paragraph (a)(1) of this Rule the 
particular extraneous matter or irregularities or 
defects shall be stated. 

(b) If cotton be reduced in \'alue, by reason of 
the presence of extraneous matter of any charac- 
ter or irregularities or defects, below its grade or 
below its apparent length of staple according to 
the official cotton standards of the United States, 
the grade or length of staple from wliich it is so 
reduced, and the grade or length of staple to 
which it is so reduced, and the quality or condi- 
tion which so reduces its \alue shall be deter- 
mmed and stated. 

(c) For the purposes of this Rule, the following 
terms shall be construed, respecti\'ely, to mean: 

(1) Cotton of perished staple. Cotton that 
has had the strength of fiber as ordinarily 
found in cotton destroyed or unduly re- 
duced through exposure to the weather 
either before picking or after baling, or 
through heating by fire, or on account of 
water packing, or by other causes. 

(2) Cotton of immature staple. Cotton that 
has been picked and baled before the fiber 



256 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



has reached a normal state of maturity, 
resulting in a weakened staple of inferior 
value . 

(3) Gin-cut cotton. Cotton that shows 
damage in ginning through cutting by the 
saws, to an extent that reduces its value 
more than two grades. 

(4) Rcginned cotton. Cotton that has passed 
througli the ginning process more than 
once and cotton that, after having been 
ginned, has been subjected to a cleaning 
process and then baled. 

(5) Repacked cotton. Cotton that is com- 
posed of factors', brokers', or other sam- 
ples, or of loose or miscellaneous lots 
collected and rcbalcd, or cotton in a bale 
which is composed of cotton from two or 
more smaller bales or parts of bales. 

(6) False packed cotton. Cotton in a bale: 

(A) containing substances entirely foreign 
to cotton, 

(B) containing damaged cotton in the inte- 
rior with or without any indication of 
such d;image upon the exterior, 

(C) composed of good cotton upon the 
exterior and decidedly inferior cotton in 
the interior in such manner as not to be 
detected by customary examination--that 
is, a plated bale, or 

(D) containing pickings or linters worked 
into the bale. 

(7) Mixed packed cotton. Cotton in a bale 
which, in the samples drawn therefrom, 
shows: 

(A) a difference of three or more grades, or 

(B) a difference of three or more color 
graduations, or 

(C) a difference of two or more grades and 
two or more color graduations, or 

(D) a difference in length of staple of one- 
eighth inch or more. 

(8) Water packed cotton. Cotton in a bale 
that has been penetrated by water during 
the baling process, causing damage to the 
fiber, or a bale that through exposure to 
the weather or by other means, while ap- 
parently dry on the exterior, has been 
damaged by water in the interior. 

Statutor}' Authority G.S. 106-451. S. 

.0067 CLASS HASED ON INSPFXTION AND 
SAMIM.E 

Whenever the grade or other class of cotton is 
required to be, or is, stated by a warehouseman 
or a classifier or board of cotton examiners for 
the purposes of the Act or the rules in this 
Chapter, it shall be based upon a careful in- 



spection of and a sample properly drawn from 
the cotton. Samples submitted to a board of 
cotton examiners for issuance of Form A mem- 
orandums and samples from which classification 
is to be determined by licensed classifiers for 
purposes of the Act and the rules in this Chapter 
shall be drawn by samplers licensed under the 
Act and said rules and in accordance with Rule 
.0068 of this Chapter. 

Statutory Authority G.S. 106-451.8. 

.0068 SAMPLES 

Fach sample shall be approximately six ounces 
in weight, not less than three ounces of which are 
to be drawn from each side of the bale. Fach 
sample must be representative of the bale from 
which drawn. Samples shall not be dressed or 
trimmed and shaU be carefully handled in such 
manner as not to cause loss of leaf, sand, or other 
material, or otherwise change their representative 
character. Any sample which does not meet 
these requirements may be rejected. 

Statutory Authority G.S. 106-451. S. 

.0069 LOWKR GRADE (OF TWO SAMPLES) 
TO DETERMINE CLASSIFICATION 

If a sample drawn from one portion of a bale is 
lower in grade or shorter in length than one 
drawn from another portion of such bale, the 
classification of the bale shall be that of the 
sample showing the lower grade or shorter 
length. 

Statutory Authority G.S. 106-451.8. 

.0070 ACCESS TO OFFICIAL COTTON 
STANDARDS 

I-ach hcensed warehouseman and each Licensed 
classifier shall keep himself provided with, or 
have access to, a set of practical forms of the of- 
ficial cotton standards of the United States, or 
such parts thereof as the Commissioner may 
deem necessary for use in the locality in which 
the licensed warehouse is located. 

Statutory Authority G.S. 106-451.8. 

.0071 BONDS REQUIRED 

Fvery person applying for a license, or licensed, 
under Section 9 of the Act, shall, as such, be 
subject to all portions of these rules so far as they 
may relate to warehousemen. In case there is a 
law of any state providing for a system of ware- 
houses owned, operated, or leased by such state, 
a person applying for a license under the Act, to 
accept the custody of cotton and to store the 
same in any of said warehouses may, in lieu of a 



NORTH CAROLINA REGISTER 



237 



PROPOSED RULES 



bond (ir bonds. coinpKing uith Rules .0011 and 
.0012 of this Chapter, file with the (.'ommissioncr 
a single bond meeting the requirements of the 
Act and niles in such form, and in such amount 
not less than the thousand dollars ($5,000), as 
he shall prescribe, to insure the performance by 
such person, with respect to the acceptance of the 
custody of cottiMi and its storage in the ware- 
houses m such s\ stem for which licenses are or 
ma\ be issued, of his obligations arising during 
the periods of such licenses, and in addition, if 
desired by the applicant, dunng the periods of 
an\ renewals or extensions thereof. In fi.xing the 
amount of such bond, consideration shall be 
gi\en, among other appropriate factors, to the 
character of the warehouses iiuohed. their actual 
or contemplated capacity, the bonding require- 
ments of the state, and its liability with respect 
to such warehouses. If the Commissioner shall 
t'lnd the existence of conditions warranting such 
action, there shall be added to the amount of the 
bond so fixed, a further amount, fixed by him, to 
meet such conditums. 

Statutory Autkonty G.S. 1 06-45 1. S. 

.0072 IMOUMAIION Ol \ lOl.A I l()^S 

1 \en person licensed under the Act shall im- 
mediatcK furnish the Depailment any infomia- 
tion which ctMiies to the knowledge of such 
person tending to show that any provision of the 
Act or the rules in this Chapter has been \-iolated. 

Statutory Authority G.S. 106-451 .S. 

.0073 ri«)( I 1)1 KK IN III AKINGS 

Hearings under the Act or the rules in this 
Chapter shall be conducted in accordance with 
G.S. 150B. 

Statutoty Authority G.S. 106-451 .8. 

.0074 ONK DOCIMKM AM) OW. I.ICF.NSE 
TO COVKR SFMRAI. PRODI CTS 

A license may be issued for the storage of two 
or more agricultural products in a single ware- 
house. Where such a license is desired, a single 
application, inspection, bond, record, report or 
other paper, document or proceeding relating to 
such warehouse, shall be sufficient unless other- 
wise directed b\' the Commissioner. 

Stalutoty Authority G.S. IOh-451 .8. 

.0075 A.SSK IS AM) BOM): ( OMHINAIION 
W ARKIIOl SKS 

Where such license is desired, the amount of the 
bond, net assets, and inspection and license fees 
shall be detemiined bv the Commissioner in ac- 



cordance with the regulations applicable to the 
particular agricultural product which would re- 
quiri. the largest bond and the greatest amount 
of net assets and of fees if the full capacity of the 
warehouse was used for its storage. 

S-.-,':- ory Authority G.S. 106-451. S. 

title 15 - dkpar imem of nait ral 

resol rcks am) commimtv 

di:\ki,()pmi:m 

lyoticc is hereby given in accordance with G.S. 
I50B-I2 that the Di\'ision of Environmental Man- 
agement ( t'tn'ironmental Management Commis- 
sion) intends to amend rule cited as 15 NCAC 2B 
.0316. 

1 he proposed effecti\-e date of this action is 
January I. J 990. ' 

1 he pubhc hearing will be conducted at 7:00 
p.m. on June 15, I9S9 at Jenkins Auditorium, East 
Carolina Untversitv. Greenville, NC. 



c 



omment Procedures: All persons interested in 
thi^ matter are inxited to attend. Comments, 
data, statements and other information may be 
submitted in writing prior to, during or within 30 
days after the hearing or may he presented orally 
at the hearing. So that all persons desiring to 
speak may do so. statements may be limited at the 
discretion of the hearing officer. All persons 
making oral presentations are requested to submit 
a written copy to the hearing officer. For more 
information, contact Da\id D. Williams. Division 
of Environmental Management, P.O. Box 27687, 
Raleigh. A'C 276//, (9/9) 733-5083. 

CHAPTER 2 - EN\ IRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SCRFACE WATER 
SIANDARDS: MONIIORING 

SECTION .0300 - ASSI(;NMEN 1 OF STREAM 
( I ASSIFICAIIONS 

.O.M() FAR-PAMIICO Rl\ ER B.\SIN 

(c) The Tar- Pamlico River Basin Schedule of 
Classification and Water Quality Standards was 
amended effective: 



(f) 
(2) 
(3) 
(4) 
(5) 
(6) 



March 1, 1977; 
November 1, 1978; 
June 8, 1980; 
October 1, 1983; 
June 1, 1984; 
August 1. 1985; 



2iS 



iXORTH CAROLINA REGISTER 



PROPOSED RULES 



(7) Februarv 1, 1986; 

(8) August 1, 1988; 
(9] January 1, 1990. 

(f) The Schedule of Classifications and Water 
Quality Standards for the Tar- Pamlico River 
Basin has been amended elective January _1^ 
1990 by adding the supplemental classification 
NSW (Nutrient Sensitive Waters) to all waters in 
the basin from source to a line across Pamlico 
Ri\er from Roos Point to Persimmon ] ree 
Point. 

Statutory Authority G.S. 143-2/4. /; 143-215. 1; 
l43-2I5.3(a)(l). 

■k-k-k^-k-k-k-k-k-k-k******* 



1\ otice is hereby gi\-en in accordance with G.S. 
I50B-I2 that the SRCD - Dhision of Coastal 
Management intends to amend rules cited as 15 
SCAC 7B .0201 - .0204, .0207, .0403, .0405 and 
.0506. 

1 he proposed effectixe dale of this action is Oc- 
tober I, I9S9. 



Th 



he public hearing will be conducted at 2:00 
p.m. on June 21, I9S9 at SRCD Washington 
Field Office, 1424 Carolina Avenue. Washington, 
NC 27889. 

(^ omment Procedures: A II persons interested in 
this matter are invited to attend the public hearing. 
The Coastal Management Dhision will rece'rve 
written comments up to the date of the hearing. 
Any persons desiring to present lengthy comments 
is requested to submit a written statement for 
inclusion in the record of proceedings at the public 
hearing. Additional information concerning the 
hearing or the proposal may be obtained by con- 
tacting Portia Rochelle, Division of Coastal Man- 
agement, P.O. Box 27687, Raleigh, NC 2761 1, 
(9/9) 733-2293. 

CH.\PTER 7 - CO.\ST.\L MANAGEMENT 

SLBCIIAPTER 7B - LAND I SE PLANNING 
GUIDELINES 

SECTION .0200 - LAND LSE PL.\N 

.0201 INTRODUCTION 

fe) Small municipal oo\cmments that are not 
experiencing significant or rapid growl h should 
dcN'elop a sketch I and I se plan or update. 
Sketch plans must contain the four minimum 
requirements called for in Paragraph (d> of this 



Rule, however; sketch plans should be abbrevi- 
aied and easily read and understood by its citi- 
zens. Sketch plans can be produced in a foldout 
format with the narrative on one side and graph- 
ics such as the existing land use and land classi- 
fication maps on the other side. The intent of a 
sketch plan is a document that meets the sub- 
stantive need of the small local government, but 
burden the community with a large, 



does not 

cumbersom e 

Statutory 

//3A-/24. 



unusable document. 



Authority G.S. //3A-/07(a); 



.0202 D.\TA COLLECTION AND ANALYSIS 

(a) Establishment of Information Base. 

(1) The data collection and analysis items de- 
tailed in this Rule are designed to establish 
the information base necessary to make 
policy choices about future land use and 
development in the community. They 
have been formulated so as not to place 
unnecessary burden on the local planning 
resources. The requirements can gener- 
ally be fulfilled by utilizing existing local 
plans and studies including the previous 
Land I'se Plan Update, as well as infor- 
mation provided by regional planning 
bodies and state agencies. Those counties 
and municipalities desiring to be more 
detailed or comprehensive than these 
guidelines suggest are encouraged to do 
so. 

(2) The process suggested by the data col- 
lection and analysis requirements of this 
Rule begins with an examination of the 
present situation. An estimate is then 
made of what land use demands are likely 
to be placed on the planning area during 
the ensuing, not to exceed, ten year pe- 
riod, based upon population and eco- 
nomic projections and upon local policies. 
The implications of the projected future 
demands are then examined and balanced 
against the suitability of the lands within 
the local government's jurisdiction for de- 
velopment and the capability of govern- 
ment to provide basic public ser\'ices and 
facilities. Each local government should 
analyze how anticipated development wiU 
affect the need for services such as water, 
sewer, fire and police protection, schools, 
etc. Particular attention should be paid 
to situations where local government does 
not provide water or sewer and these ser- 
vices are provided privately. In the ab- 
sence of public systems, potable water 
availability and soils suitability for sewage 



NORTH CAROLINA REGISTER 



2.^9 



PROPOSED RULES 



(3) 



disposal etc. must be considered. This 
analysis should be linked closely with 
policy development and land classification 
in each plan. This analysis of the capa- 
bilitN' of the local t;o\cmmcnt to jrrovide 
the anticipated senices and the suitability 
of lands for projected groulh should be 
clcarK' reflected in the land use polic\' and 
land classification sections in the plan. 
The summap,' of the data collection and 
anal\ sis prepared as part of the land use 
plan shall indicate the manner in which 
the data was assembled and analyzed 
along with a statement of the major con- 
clusions. This summar>' shall also pro- 
vide an index showmg where more 
detailed information can be found in 
technical appendices to the plan. Com- 
pliance with this element requires each 
local izoxemment to analvze how effec- 
tivcK' \\_ has implemented its policies as 
contained in its current plan of record. 



This e\aluation should include statements 
as to u hat impro\e!nents the local ao\ - 
emmcnt intends to make in this plan up- 
date. This e\aluation should occur at the 
bednninii of the planning process so as to 
pro\ide a foundation upon which to build 
new policies as the plan update is de\el- 
oped- This anahsis should include the 
number ot subdn isions and lots appro\ed 
and building pennits issued since the last 
plan. 
(bj Present Conditions. 
(2) Existing Land Use. Existing land use shall 
be mapped and analyzed, with particular 
attention given to: 

(A) significant land and water use compat- 
ibility problems; 

(B) major problems that have resulted from 
unplanned development, and that have 
implications for future land and water use; 

(C) an identification of areas expenencing 
or likely to experience changes in pre- 
dominant land uses including agricultural 
and forestr^^ land being con\eilcd to other 
uses; 

(D) during plan de\elopinent local go\em- 
ments are encouraged to use small scale, 
high detail maps. These maps should be 
retained for local government use. Maps 
included in the land use plans should be 
of an appropriate scale and qualit\- to be 
easily interpreted and should contain a 
synthesis of data gathered during plan de- 
velopment. Existing water conditions in- 
cluding DIM stream classitications. the 
location ot^ pnmar\' and secondary' nursery' 



(3) 



areas, ORW's and other features such as 
oyster and clam beds, eel grass etc. should 
be included in this map synthesis. 
Current Plans, Policies and Regulations. 
This element shall contain: 
(B) a listing and brief description of the 
means for enforcement of all existing local 
land use regulations; the following regu- 
lations shall be discussed, where applica- 
ble: zoning, subdivision, floodway, 
building, septic tank, historic district, nui- 
sance, dune protection, sedimentation, 
and environmental impact ordinances, 
codes or regulations, stormwater manage- 
ment plans, mobile home park, group 
housing and PUD ordinances. The local 



sovemment should also 



the 



(c) 
shaU 



lationship of its local ordinances with its 
land classification map and local policies 
and identify and correct conflicts. Specific 
permitted land uses, densities and lot sjzes 
should be discussed. 
Constraints; L^md SuitabiUty. An analysis 
be made of the general suitability of the 



undeveloped lands as identified on the existing 
land use map within the planning area for devel- 
opment, with consideration given to the follow- 
ing factors: physical limitations for deselopment, 
fragile areas, and areas with resource potential. 
These factors shall be analyzed, and where pos- 
sible mapped, based upon the best information 
available. The major purpose of this analysis is 
to assist in preparing the land classification map. 
(1) Physical Limitations for Development. 
/Vn identification shall be made of areas 
likely to have conditions making develop- 
ment costly or causing undesirable conse- 
quences if developed. The following areas 
shall be identified: 

(A) hazard areas, including man-made haz- 
ards (for example, airports, tank farms for 
the storage of flammable Uquids, nuclear 
power plants) and natural hazards (for 
example, ocean erodible areas, and flood 
hazard areas below 5 feet mean high water 
fine that would be susceptible to sea le\'el 
rise); this identification shall include the 
specific sources of the data such as flood 
insurance maps, county soils maps, etc.; 

(B) areas with soil limitations, including the 
following: 

(i) areas presenting hazards for founda- 
tions such as non-compacting soils; 
(D) areas where the predominant slope ex- 
ceeds 12 percent or areas with a high ero- 
sion potential where bulkheads ma\' be 
constnicted in the future. 



240 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) Fragile Areas. An identification shall be 
made of those areas which could easily be 
damaged or destroyed by inappropriate 
or poorly planned development. The 
following shaU be considered (as defmed 
in 15 NCAC 7H): coastal wetlands; sand 
dunes along the outer banks; ocean 
beaches and shorelines; estuarine waters 
and cstuaxine shorelines; public trust wa- 
ters; complex natural areas; areas that 
sustain remnant species; areas containing 
unique geologic formations; registered na- 
tural landmarks; and others such as 
wooded swamps, prime wildhfe habitats, 
scenic and prominent high paints, 
archeologic and historic sites; etc. Special 
emphasis should be gi\en to other fragile 
areas such as maritime forests. "404" 
wetlands, lands identified through the 
r.S. I'lsh and Wildlife National Wetlands 
ln\'cntor\", areas idenliticd thron ah 
NRCD s Natural HentaL'c Program and 
other areas which are not offered pro- 
tection by existing regulations. 

(d) Constraints; Capacity h+ Community ¥^t- 
cilitior . . Aft idontification ■ jhcill bt» mude' efe 
Carrying Capacity Anahsis. An examination of 
the following! indicators should be made to assist 
the local go\ cmment in exaluatimz its abilit\' to 
pro\ idc ba>ic communit\ scr\ices to meet antic- 
ipated demand, as well as pointing out deficien- 
cies which will need future attention and efforts: 

(1) existing water and sewer service areas im (3) 
cludina pn\"ate s\stems; 

(2) the design capacity of the existing water 
treatment plant, sewage treatment plant, 
schools, landfill or other solid waste dis- 
posal facilitw police and tire protection 
capability, public administrati\ e ability, 
»ft4 pnmapi roads, bndges and general 
transportation s\ stem adequacy; 

(4) the capacity of community facihties to 
supply existing and anticipated demand. 
Counties containing barrier islands and 
municipahties therein shall use the peak 
seasonal population as a liasis for public 
facihty planning and poUcy development. 
Past summer season usaae data should be 
used in predicting future needs and de- 
mand. 

(e) hstimated Demand: 
(1) Population and Hconomy. A population 

estimate for the upcoming ten years shall 
be made and used as the basis for deter- 
mining limd and facilities demand and for 
classifying land areas. Ten year popu- 
lation projections will be provided by the 
Department of Administration for use in 



making population estimates. Projections 
will be provided for counties and those 
cities and towns having a population 
greater than 2,500. Accurate projections 
for those areas with a population of less 
than 2,500 are not available and must be 
developed by the local planning unit. The 
projections provided by the Department 
of Admimstration are based on prior 
trends with annual updates. The local 
government may wish to use these trend 
projections as its population estimates or 
to modify them to include additional fac- 
tors such as: 
(C) forsceable social and economic change 
to include an evaluation of the pro- 
portions of the local economy devoted to 
tounsm. retail, construction and profes- 
sional trades to illustrate the changes oc- 
cumns. 



The Department of Administration pop- 
ulation model is capable of taking into 
account some of these considerations and 
should be used where possible when such 
further refmement is desired. If such re- 
finement causes a significant dtfYcrcnce 
between the Department of Adminis- 
tration population projections and the lo- 
cal population estimate, the community 
shall explain the reason for the difference. 
1 he Coastal Resources Commission must 
approve such an estimate. 
Community Facilities Demand. Consid- 
eration shall be given to new facilities 
which will be required by the estimated 
population growth and the densities at 
which the land is to be developed. Fea- 
tures such as landfiUs, road widenings, 
bridges, etc. should be considered in order 
to meet the intent of this item. 



Statutory 
II3A-I24. 



Authority G.S. II3A-I07(a); 



.0203 POLICY ST.ATEMENTS 

(a) The plan shall contain statements of local 
policy on those land use issues which will affect 
the community during the ten year planning pe- 
riod. The issues shall include but not be Hmited 
to: resource protection, resource production and 
management, economic and community devel- 
opment, continued public participation and 
storm hazard mitigation. Local governments 
should ensure to the greatest extent possible that 
there is consistency among indi\idual policies 
developed in each policy category. Particular 
attention should be given to individual policies 
in the resources protection, resources production 



NORTH CAROLINA REGISTER 



241 



PROPOSr.D RILES 



and economic and community development cat- 
egories. I'or example, a resource protection 
policy to "protect water quality in surface 
waters" should be reflected in economic and 
community development policies which would 
also affect surface water quality. local ijo\em- 
ments ma\' include the anah sis of pre\ious polic\" 
clfcctn-cnCNS called tor m Rule -Ii2ii2( .^)l .A ill i of 
this -Section as a preface to this pplic\ section. 
(ll Resource Protection: 

(B) .As a minimum, the plan shall contain 
policy statements on the following re- 
source protection issues (if rele\ant|: 
(ii) specific local resource development 
issues relative to areas of environmental 
concern designated under 15 XC.AC 7H 
and land uses and de\elopment densi- 
ties m proximitN to C^RW s: 
(iii) other hazardous or fragile land areas, 
including but not Limited to freshwater 
swamps and marshes, maritime forests, 
pocosins and 404 wetlands. ORW 
areas, shelltishin^ waters, water suppK 
areas and other waters \Mth special \'al- 
ues. cultural and histone resources, and 
manmade h;izards. 1 his discussion 
may be in temis of the nommation 
procedure for areas of environmental 
concern under Section .11500 of 15 
NC.AC' 7H; this discussion should also 
include local pohcy de\elopment to 
protect those fragile areas which are not 
covered by existing regulations and 
these policies can also be reflected in 
land classification and local ordinance: 
(\) means of protection of potable water 

supph"; 
(\i) the use of package treatment plants 
for sewage treatment disposal can also 
be hsted under economic and commu- 
nity de\"elopment policies, discussion 
of package treatment plants should also 
include consideration of requirements 
tor the ongoing pn\ate operatitni and 
maintenance of the planti si and pro- 
\'isions for assumption ot the planti s) 
into the public s\"stem should the pn- 
\ ate operation fail: 
(\iiil m;mna and floating home de\elop- 
ment. drv stack storaee facilities for 
boats associated either with or inde- 
pendent of mannas: 
(ix) industnal impacts on fragile areas: 

( XI) restriction of de\elopment within 
areas up to fi\'e feet abtne mean high 
water that might be susceptible to sea 
le'.'el rise and wetland loss: 



(xii) upland cxca\'ation for marina basins: 

and 
fxiii) means of protecting existing 

marshes from sea le\el nse other than 

b\ bulkhead installation. 



(2) Resource Production and -Management: 
(B) As a minimum, the plan shall contain 
policy statements on the following re- 
source production and management issues 
(if relevant): 

(iv) commercial and recreational fisheries; 
including nurser.' and habitat areas, 
ORW s, and trawling activities in 
estuanne waters: 



(3) 



(v) otf-road \ehicles: afi4 
(vi) re '^ idL ' ntiul »ft4 ciMnm e rcial kH+4 4e- 
' ■ olopmL ' nt. {***<• Bf phorphate mining 
afni indu '. tnal impucti . »» a«¥ rij ;i Ourca. 
residential, ctimmercial and industrial 
land dcNelopment impacts on an\ re- 
sources: and 
(\'ii) peat or phosphate mining's impacts 

on an\ resource. 
Economic and Community De\elopment. 
To include a basic statement as t£ the 
community attitude toward growth: 
(B) .As a minimum, the plan shall contain 
policy statements on the following eco- 
nomic and community development is- 
sues (if relevant ) : 

fi\') redevelopment of developed areas 
including relocation of structures en- 
dangered bv erosion. paNJng particular 
attention to the extent existing zoning 
allows more intense rede\ elopment 
than current uses and anticipated future 
trends: 
(vii) energy facility siting and develop- 
ment include specific reference to elec- 
tric generating plants both inshore and 
PC'S exploration or dewlopment to 
address the possibilities (M refineries, 
storage, transshipment and the potential 
negatne en\"ironmental eftect from 



blowouts, spills etc.: 
(x) types, densities, location: units per 
acre etc. of anticipated residential de- 
velopment and ser\'ices necessars' to 
support such de\elopment including the 
setting aside of or identification of sites 
for future landhll use. 
(C) In addition to specit^ic polic\ statements 
on issues listed in this Paragraph, local 
governments should pay particular atten- 
tion in poHcy development to obser\'ed 
land use trends such as: in inland areas 
significant changes from lower intensity to 
higher intensity uses, agricultural and for- 



242 



.\ORTH CAROLISA REGISTER 



PROPOSED RULES 



est uses to residential or commercial, or 
from forest to agricultural. Land use 
trends in estuarinc, river and sound areas 
include residential waterfront develop- 
ment and increases in density of 
waterfront residential uses; marina or drv 
stack facility development and expansion, 
floating homes and public and private 
ser\'iccs provided to support higlier inten- 
sity uses and the cumulati\'e impact of 
such trends on water quality. Oceaniront 
and barrier islands should address the ad- 
equacy of existing and planned transpor- 
tation routes, bridges, water and sewer 
systems, and other carrying capacity fea- 
tures and local ordinances to accommo- 
date expected and potential changes in 
land use intensities and overall growth. 

(4) Continuing Public Participation. Local 
governments shall discuss the means by 
which public Ln\olvement in planning 
mutterr i the land use plan update wiU be 
encouraged. The public involvement 
policies shall be consistent with the con- 
cepts set forth in .0207 of this Section. 
As a minimum, the plan shaU address the 
following public participation issues: 

(i) descnption of means to be used for 
public education on planning issues; 

(ii) description of means to be used for 
continuing public participation in plan- 
ning; and 

(iii) description of means to be used for 
obtaining citi/cn input in dc\cloping 
land use plan policy statements. 

(5) The Coastal Resources Commission in 
consultation with the local governments, 
may specify other specific issues that must 
be addressed in particular local land use 
plans and the local government is also 
encouraged to develop policies on issues 
that are of particular local importance. 

(6) Storm Hazard Mitigation, Post- Disaster 
Recover}' and LA'acuation Plans: 

(A) Storm I lazard Mitigation policief . which 
include tbe follo' i ving clement o »f« te- 
quirod a* part Bi \^ land h«» plan: Coast 
Storm hazard mitigation policies are re- 
quired as part of the land use plan. The 
purpose of these policies is to guide the 
development of the community so that 
the risk of damage to property and the 
threat of harm to human life from coastal 
storms is kept to a minimum level, 
(i) A compo ' .iito ha/ardo map a«4 brief 
narrative do 'i cription i-vf ha/ardour . ar e as 
located within Ae planning juri f idiction 



including aW rM'C'S, flood i'.onon, aft4 

--«*'->' n- V-\ r^ I ■ \n\ ■■»-■»'■■- j-1 4 » «-i-i r~x j-v «-4 o T-i .-■ J 1 I 1-1 j-i 

U 1 1 1~\ 1 in? -HI u HI Lu. J rrr ii i ii '\ji \.\Xi iLV. I I lu 

map afi4 der . cription shall be prepared 
ift accordanc e with the principles out 
lin e d m "Before Ae Storm: Managing 
Dei i elopm e nt <«• Reduce Ilumcano 
Damages"; McLlyea, Browor aft4 
Godschalk. 1083. As a part of the plan, 
the following studies must be done: 

(I) A descnption of the effects of 
coastal stonns the community wiU 
be subjected to; e.g. high winds, 
stonn surge, flooding, wave action, 
erosion, etc. 

(II) A composite hazards map using 
the best available information in- 
cluding Nil P maps and data, the 
I:astem N.C. I^acuation Study, 
AI'C data, etc. showing the hazard- 



ous areas within the planning juris- 
diction; each hazardous area should 
be described in terms of type of haz- 
ard that it's likely to be subjected to 
and the relative severity of risk pres- 
ent. 
(Ill) An existing land use inventory for 
each of the most hazardous areas 
which will portray the amount of ex- 
isting development at risk for each 
area. The intent of this provision can 
be achieved by overlaying each haz- 



ard area upon the existing land use 

map. 
(ii) Aft invontor>' aft4 analysis ef the e«- 
isting wie* ef the laft4 aft4 structures ift 
haj^ard areas shall h% completed. The 
int e nt ef this inventor^' i& te- p«t iftte- 
perspective Ae l e v e l ef existing devel 
opment within hai'.ardous areas. It is 
designed t»- portray fof local govern 
ments what portion »f their population, 
housing, commercial establishments, 

as a result trf being within a hcb^ardous 
ar e a. Coastal Storm hazard mitigation 
policies must be a part of the land use 
plan and the foUowmg must be consid- 
ered: 

(I) Policies intended to mitigate the 
effects of high winds, storm surge, 
flooding, wa\e action, erosion, etc.; 

(II) Policies intended to discourage 
development, especially high density 
or large stnictures in the most haz- 
ardous areas; 



(III) Policies dealing with public ac- 
quisition of lani.1 in the most hazard- 
ous areas; 



NORTH CAROLINA REGISTER 



24.^ 



PROPOSED RULES 



£IV 



I'cilicics dcalinc with c\'acuation. 



Wlulc It IS rccoeni/cJ that c\acuation 
IS the rcspunsihiHtN o| cnuiitv cmcr- 
L'cnc\- nianaiicmcnt personnel and the 
N ( " . Dnision of Imertienev Man- 
agement, caeh land use plan should 
consider the impact o\_ the land use 
and (Uher policies on e\acuation 
problems. 
considered: 



he tollowma should be 



decreasing densit\" so as 

to decrease the number of people 
needintz to esacuatc. requiriniz that 
major residential de\elopment (in- 
cludini: motels, condos and subd- 
uisions or o\er 30 units) pro\ide 
adequate emerL:enc\' shelter tor their 
occupants, ensure that new public 
buildiiiLis can be adequateh used as 
shelters, participation in a reaonal 
c\'acuation plannini: process. 
fi«-} A d e'. cnption b4 Af r e lative i ^ c' i crity 

' fc f\ . i ^ t ' >-^ ■ ^ . \ T r-1 V- \ - i -\ f- v—t .- \ - ^- ' ^ T^ . 1 ■ t TA fl rT i i t 
CTTTTT I T I '\. L ' I 1 1 . ' 11. I. ' 1 rmTTT CTTTTT Lll I II lU 1 

cation »f th<* monelaP i valu e ^ A* 
lo ' . .'. L' ' i ttet miiiht i>e ^ . U ' . ' tained m each 
el Ar^ hazard aroar . . 
f+v4 I ki/ard Mitigation policio! ' V i hich 
a]"ipK t-e i*W hazard area -. , including btUh 
public rtH4 pri' . alL' fiicilitiL" ! . ta- de' i l'I 
upmg the '. e policiL" . . local gos e nim e nt 
should cou 'i ider At^ following: 
(4-^ ' . ' Cparato polici e f i ' . i i hich 4t»«4- V i ith 
t4*t» el feet L . ef high wind; . . Hooding, 
V i a' i L' action *h4 ero^ . ion ft+f thoii e 
lub'ard areaii ' i vhere i . uch lorce - i may 
be o.xpoctod: 
(444- meanr . ef dealing ' ■ sith r ' tmctur e s 
a«4 U ' . i ei . ' . i i hich 4++ fH*t- contonn te 
t4+e hazard mitigiition policij ' . . : 

(III) meaiui ef encouraging hoteh^. Fe^ 
tauranto, aft4 iumilar large ccmimer 
64t4 r . tnictur e r . te- liu'ate out '. ide ef 
ero ' . ' ion prone area '. . 

(IV) policie -i v i hich 4eT4 ' ■ vilh t4*<* ae- 
quu i ition «4' parceh . located wt hib'.ard 

purpO ' ' . e bI public acce ''' ' . . 
(B) rV po '. t di '. ai . ter recoiV- ' truction plan 
ba! i ed H« t+h:' hazard mitigation policieL ' k 
required *h prtrt t4 t4*t? land **.^ plan. Ihis 
reconr . truction plan f . hould di ' jtingui.rh 
belv i cen immediate cleanup at+d removal 
policie 'i design e d l++f remosal t-4 debn ;. 
from roikh i . beaclu" ' . rt«4 other immediate 
health tH+d ' . . alely hi-ijuird '. »fhi thoi ' C poli 
t*?^ ' . vhich vrtii direct cleanup aft4 repair 
over » longer period ef tim e . Fach Fe- 
cou ' - ' truction plan ^. hould include: Post 
disaster reconstruction poHcics are re- 



quired as part of the land use plan in order 
to guide de\'elopment dunniz the recon- 
struction period tollowing a disaster so 
that the communitv. as it is rebuilt, is less 
\ailnerabk' to coastal storms than it was 
before the disaster. 1 he following! should 
be considered m these policies: 
(i) Reference t» Lmergency Management 
reLiponi ' ibilitieL i fef immediate cleanup 
a«4 removal acti' . itieLi te minimize 
health t*ft4 i . afoty hoj'.ardL . ; a reference to 
the county emergency management 
plan, especially the preparation and re- 
sponse sections: 
(ii) local policies which will direct recon- 
struction over a longer period of time; 
(lu) 44*4* consideration trf the establish- 
ment of a "recovery task force" to 
oversee the reconstruction process and 
any policy issues which might arise after 
a storm disaster; 
(iv) the establishment of a schedule for 
staging and permitting repairs, including 
the imposition of moratona. according 
to estabUshed pnonties assigned to the 
restoration of essential ser\"ices, minor 
repairs, major repairs and new de\'elop- 
ment: and guideline^ i fof po^t di '. a ' jter 
r e pair tt»4 recon ' . . truction. mcluding btrt 
Hot- limited ten- 
ft)- the timing aftd completion ef dam 

age aoc . eL . omentD; 
f44-)' the timing aftd impo ' jition &f tom 
poraP i' development moratona: aHr4 
(III) the development otandards te- 
' ■ ' ■■ hich r e pairs . »ft4 reconQtruction 
i . hall confoiTn. 
(v) the establishment of a i i chedule fef 
r . tagrng aft4 p e nnittmg repain: . aft4 Fe- 
conr i truction according te- ostabli^ i hed 
priorities assigned te- the res . toration ef 
e '.^'e ntitd s e rvic e s, mm or repairs, major 
repairs aft4 nev . de' . elopment. policies 
for repair and or replacement of public 
infrastructure, including relocation to 
less hazardous areas. 
fv+f 4-he determination ef which agency 
such a* the local legislati' ie body ef a 
sp e cial r e cov e pr t»4t lorce i* te impl e 
mont t4*e policies aft4 procedures con 
tained » the Post Disaster 

Reconstruction Plan. 
(-v+H -the establishment (-4' policies fo* Fe- 
patf and ' or replacem e nt e4- pubhc utih 
tie* aft4 facilities including possibl e 
relocation te le*. hazardous areas. 
(4^ 44ie local go' i ernment shall, m cooper 
ation with the countv afi4 the Division ef 



244 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



I'lnL ' rij e ncy MiinauL'iTiL ' nt. J e tL ' nnint * if t4w 
lociil e S ' acuutidn plan » udoquato a«4 
I'it '. L ' d eft rt i i ouiid analyr . i ' j e+ exi ii ling «4- 
uutionji. U ?4+e rL'qiiiR ' d e ' i 'acuulion tirno 
uKCL'odo y+e standard warning tim s a* 
provid e d <*¥ t+w National Wouthor Sef- 
s'ice. t4^ local uc i ommont I ' hould conr . idor 
adopting policii": . \shiLh >vuuld improve? 
t4+e capacity ef C i acuation rout e ; . , ef limit 
t4te lovL'l ef dovolopmont i«- areas te- ^ 
L ' vacuatL'd. tvp othL'rw ir . e reduc e Ae 
amount ef time needed k» i i afely evacuate. 
44- i* recognii'.ed t4«i4- «»¥ factoro alTocting 
local evacuation aft* beyond tkt» control 
t4' t+te local Hftit- e+' government. Never 

t l-i . .1 , 1 ■ ■ - it < L- 1 ■ 1 f ■ 1 1 t 1-1 ■ 1 1 i K . 1 1 . Y , •■ ■ 1 1 f-tl --I »^ >t .-> 
IILIV..',' IT rTT f I 111 I 1 1 l\X I I I l\^ rTTCTTT t'rUIT TT^ 

cognii'.ant ef ther . e factors rtft4 ti»t- re- 
gional e llbils W initiiit e d to mitigat e them. 
ff^ 44+e preparers *4" stonn ha/ard miti 
gat ion. post di ji cister reconstruction aft4 
ev ' acuation plans shall advise aU affect e d 
di ' Hister reliel aft4 assistance agencies such 
i» t4*e Division ef Limergency Manage 
ment, A«» federal limergencv' Management 
j\gencv . aft4 Ae Depiu'tment »f Irons 
portation m aft e ffort to coordinate these 
plans. 
fl^ tft aft eff(^rt to standardize these plans 
tw tHre J*¥ vanous agencies. al4 plans pfe- 
pared under the '. e mles shall i*t^ prepared 
m \h^ fonnat outlined w- Subparagraphs 
A througli Gt 
(b) l-'or each of the policy issues hstcd in Par- 
agraph (a)(1) through (6) of tliis Rule, the land 
use plan shall contain the follov\ing: a discussion 
of the scope and importance of the issue, alter- 
native policies considered, the policy adopted by 
the local government for that issue, and a de- 
scription of how the local policy will be imple- 
mented. I ocal policies should pay particular 
attention to water quality impacts and the longer 
tenn accumulative impacts of development. 



Statutory 
II3A-I24. 



Authority 



G.S. 



II3A-I07(a); 



.0204 LAND CI.ASSII ICATION 

(a) A land classification system has been de- 
veloped as a means of assisting in the implemen- 
tation of the policies adopted as pro\'ided in Rule 
.0203 of this Section. By delineating land classes 
on a map, local government and its citizens can 
specify those areas where certain policies (local, 
state and federal) will apply. The land classi- 
ficatitm system is intended to be supported and 
complemented by existing zoning, subdivision 
and other local management tciols [if an\) and 
these local tools should be consistent with the 



classification system as much as possible. Al- 
though specific areas arc outlined on a land clas- 
sification map, it must be remembered that land 
classification is merely a tool to help implement 
policies and not a strict regulatory mechanism. 
The land classification map must be of a scale 
and quality that is easily read by local, state and 
federal agencies. Boundaries of each land class 
should be described as clearh' as possible in the 
text. I'o further clanfy its intent, the local gov- 
ernment should describe how land classification 
is linked to policy. For example, a local gov- 
ernment may have a pohcy to protect surface 
water quality from agriculture and urban devel- 
opment runoff. The implementation strategy 
might be to require land buffers, swales etc. be- 
tween development and water bodies. The local 
government could then designate a conservation 
buffer around water bodies. Tlris buffer could 
be described in the narrative of the plan as "...a 
one mile buffer of conservation lands..." which 
would clarify the local government's intent. 

(c) The land classification system includes five 
seven classes: developed, urban transition, limited 
transition, community, rural, rural with services, 
and conservation. Local governments may sub- 
divide these classes into more specific subclasses. 
Any subclass should be able to aggregate back to 
the original class. Some classes may not apply 
t(i each local government; for example, the com- 
munity or rural class may not apply in an incor- 
porated municipality. I ocal go\emments are 
also encouraged to make some distinction be- 
tween urban transition areas, which are intended 
to reflect intenseh- developing areas with the full 
range of urban services to be supplied, and lim- 
ited transition areas that are less intensely devel- 
oped, ma\' have pnvate services and are 
frequently located in a rural landscape. Both of 
these classes arc described later in this Rule. 



(d) In applying the land classification system 
each local government should give particular at- 
tention to how, where and when development of 
certain types and intensity will be encouraged or 
discouraged. Urban land uses and higher inten- 
sity uses which presently require the traditional 
urban services should be directed to lands classi- 
fied developed. Areas developing or anticipated 
to develop at urban densities which will eventu- 
ally require urban services should be directed to 
lands classified transition. Low density develop- 
ment in settlements which will not require sewer 
services should be directed to areas classified as 
community. Agriculture, forestry, mineral ex- 
traction and other similar low intensity uses and 
very low density, dispersed residential uses should 
be directed to lands classified rural. Generally, 
public or private water or sewer systems will not 



NORTH CAROLINA REGISTER 



245 



PROPOSED RULES 



be prosidcd in areas classified rural as an incen- 
tive for intense de\elopment. 
( 1 ) Developed: 

(A) Purpose. The purpose of the devel- 
oped class is to pro\'ide for continued in- 
tensi\e development and rede\elopment 
of existing cities, towns and their urban 
en\'irons. 
(Bj Descnption and characteristics. /Vreas 
meeting the intent of the developed clas- 
sification are currently urban in character 
where minimal unde\eloped land remains 
and ha\e in place, or are scheduled for the 
timely provision of the usual municipal 
or public ser\'ices. Urban in character in- 
cludes mi.xed land uses such as residential, 
commercial, industnaJ, institutional and 
other uses at higli to moderate densities. 
Services include water, sewer, recreational 
facilities, streets and roads, police and fire 
protection. In some instances an area 
may not ha\e all the traditional urban 
seniccs in place, but if it otherwise has a 
developed character and is scheduled for 
the timely provision of these services, it 
still meets the intent of the developed 
classification. .Vreas de\eIoped for pre- 
dominantly residential purposes meet the 
intent of tliis classification if they exhibit: 
L'xii ' ting high h+ moderalo djui ' itioL . ;. uch 

{ii a djU 'i ity a4- e* approaching ^W 

d' . voUing unit;' , fh^ ■ - ■ quaiL' mil e ; e* 
(4i4 [n a densit\" of 3 or more dwelUng 

units per acre: or 
(4±H fill a majority of lots of 15.000 square 
feet or less, which are provided or 
scheduled to be provided with the tra- 
ditional urban services: and or 
(+v-f (iii) permanent population densities 
approaching ©f oxcoeding 20 1 I I I porrunf i 
f>t?f c . quarc mile aft4 ilte f ' Oar . onal popu 
lation may i . woU r . ignificantly. are high 
and seasonal populations ma\' suell 
siiznificanth - 
(C) Discussion. 1 ocal go\'emments may 
subdi\'ide the de\eloped class into sub- 
classes. Dc\eloped multifamily residen- 
tial, developed single family residential, 
developed commercial and de\eloped / 
industrial are examples. In apphing the 
developed class or subclasses, the local 
go\'emment should discuss how, when 
and where it will pro\'ide the services nec- 
essary to support the needs of an urban 
area. This class is designed to illustrate 
urban intensity development and sen'ices 
necessaix' to support it and should be ap- 



plied to existing cities and towns and in- 
tense development within the 
extraterritorial planning junsdictional area 
(if an\'). The developed class is one of 
two classes the loc;d government should 
applv to areas containing intense urban 
de\elopment requinng urban ser\ices. 
(2) Irban Transition: 

(Aj Purpose. The purpose of the urban 
transition class is to provide for future in- 
tensive urban development on lands that 
are suitable and that will be pro\ided with 
the necessarv' urban services to support 
intense urban development. 

(B) Description and Characteristics. .Areas 
meeting the intent of the urban transition 
classification are presently being devel- 
oped for urban purposes or will be devel- 
oped in the next five to ten years to 
accommodate anticipated population and 
urban growth. These areas are in, or will 
be in a an urban "transition" stale of de- 
\'elopment going from lower intensity uses 
to higher Intensity uses and as such will 
eventually require urban services. Exam- 
ples of areas meeting the intent of this 



class are lands included witlun municipal 
extratemtonal planning boundanes and 
areas being considered for annexation. 
(i) Areas classified urb,in transition will 
provide lands for mtensive urban 
growth when lands in the developed 
class are not a\'ailable. Irban transi- 
tion lands must be able to support ur- 
ban development by being generally 
free of physical limitations and be 
served or readily ser\"ed by urban ser- 
\'ices. Urban de\-elopment includes 
mixed land uses such as residential, 
commercial, institutional, industrial and 
other uses at or approaching high to 
moderate densities. Urban services in- 
clude water, sewer, streets and roads, 
police and fire protection that will be 
made a^•ailable at the time development 
occurs or soon thereafter. Permanent 
population densities rn this class wUl be 
high approaching 2.000 p e roonr . pef 
square fftiie and the seasonal population 
may swell significantly, 
(ii) In choosing land for the urban tran- 
sition class, such land should not in- 
clude: .Areas with severe physical 
limitations which would make the pro- 
vision of urban services difficult or im- 
possible, lands which meet the 
definition of conservation, lands of spe- 
cial \'alue (unless no other alternative 



246 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



exists) such as producti\e and unique 
agricultural lands, forest lands, poten- 
tially valuable mineral deposits, water 
supply watersheds, scenic and tourist 
resources including archaeological sites, 
habitat for important wildlife species, 
areas subject to frequent flooding, areas 
important for environmental or scien- 
tific values, lands where urban develop- 
ment might destroy or damage natural 
systems or processes of more than local 
concern, or lands where intense devel- 
opment might result in undue risk to 
life and property from natural or exist- 
ing manmade hazards, 
(iii) U rtfvf dc ' i . ignatL'd »«*» »f e nviron 
mt ' iilal conconi » cla '.' ufiL'd trani i ilion » 
dofiniti' i o explanation '. hall t*«^ included 
^ . luting wl+y t4w ttWi* i* fek- t^ be appro 
priato fef high denf i ity d e ' .e lopment. |t 
should be understood that even though 
AL:C standards occasionalh" pennit ur- 
ban transition t\pe dcselopment on a 
lot by lot basis within the \ arious 
AF.C's, this classification should i:ener- 



alK' not be applied lo an\' AHC. 
(iv) I'rL'dominiintly le '. idL'ntial area ' ' , meet 
\^ intent t+f t+tt* tnui '. ition cla '.'. ification 
if they exhibit chaidcTeri ^. tic ' . . ' . . uch wx- 
Areas that are predominanth residential 
meet the intent of this class it^ 

(I) » deu '. ity rrt- e* approaching -SW 
dwelling unit 'I pef r . quaro mile, t+f 
they are approaching three dwelling 
units per acre, or 

(II) a den ' jity V i hich Vi4H- meet ef exceed 
three dw e lling unitf ' p<^ acr e , e* a 
majoritN' of the lots are 15.000 square 
feet or less and will be pro\'ided with 
essential urban ser\'ices to support 
this high density de\elopment. or 

(III) a majority ef k+te ef 15.000 -. quar e 
feet- fH^ le?^ V i 'hich afe provided with 
»f Vr+tt be pro^ id e d with tl^ nece '. r i aPi 
urban sendceo te- r . uppoil higli inten 
&ri¥ de' i elopment. are contiguous to 
existing de\eloped municipal areas. 

fv-)- te most ca! . e ' : . the Iran '. ilum cki i.;. ¥r+H- 
be adjacent t+f contiguou '. to t4^ devel 
oped cliiL .' . . . 
Q) I imilcd 1 ransition: 

(A) Purpose. The pur|''Ose of the limited 
Transition Class is to pro\ide for de\el- 
(ipment iri areas that will haw some ser- 
N'ices. but are suitable for lower densities 
than those associated with the I rban 
Transition Class, and or arc geograph- 



ically remote from existing towns and 
municipalities. 
(B) Descnption and Characteristics. Areas 
meeting the intent of this class will expe- 
rience increased de\'elopment during the 
planning penod. Ihev will be in a state 
of de\'elopment necessitating some mu- 
nicipal type senices. These areas are of 
modest densities and often suitable for the 
pro\ision ot closed water systems rather 
tlum individual wells. 
[i} Areas classified 1 imited Transition 
wiU provide controlled development 
with services may not be on lands that 
suitable for traditional high intensity 
urban de\elopment normally associated 
with sewers or other services. '1 hese 
may be lands with physical limitations 
or areas near \aluable estuarine waters 
or other fragile natural systems. Sewers 
and other scr\'ices may be prosided be- 
cause such services are alread\- in the 
area or readily a\'ailable nearby, because 
the lands are unsuitable for septic tanks 
or the cumulative impact of septic tanks 
may negati\ely impact siimificant public 
resources, 
(ii) The 1 imited Transition class is in^ 
tended for predoininateh' residential 



de\elopment with densities of three 
units per acre or less, or the majority 
of lots 15.000 square feet or .greater. In 
many areas, lower densities would be 
necessan' and should be discussed. 



Clustering or de\'elopment associated 
with Planned I 'nit Developments may 
be appropnate in the Limited Transi- 
tion Class, 
(iii) Areas which meet the definition of 
the (^onsen'ation class should not be 
classified I imited Transition. 



(C) Discussion. -1-be developed a«4 tranni 
t+eft claoc . eo aft4 cubclatji p ea i . hould be the 
only ar e a ' i und e r acti' i 'e conr . ideration by 
the local government fof inleni . ive urban 
de' . 'elopment requiring urban r . ep . icec i . !«• 
ai^plying the tran!, . ition clacH ef LiuboUmr . eo 
the local go s eminent should def . cribe 
how, wh e n aft4 v' . horo i^ Vriil- pro' . 'ido sef^ 
' ■ •ic e s n e ce ' jsar »' ' te- support the needs ©f 
th+s inten '. e land class. Tf the local gov 
eminent intends te allow the piT i ate |iro 
' . ision ef urban ser\ices such **» s e ' . ' .' ag e 
package treatm e nt systems, community 
V i ater systems, j^rivat e »f mral fi*e pro 
tection. pri' . ate garbag e ptek «f*T eter then 
the local government should afso di ^. cuss 
how it- vrttt ensure these private sen'ic e s 



NORTH CAROLINA REGISTER 



247 



PROPOSED RULES 



w414- l*e pnniJjd so a^ k* avoid unn e cos 
*Hy luliiR ' public L ' xpL'n ' ; . L»C i . I hir . cla - jo » 
do i. iLUiL'd k* illuf ' lrut e umorging aft4 dL" i cl 
opinu urban urea -' i*ft4 k*' th4}* local gȴ- 
ommt ' nt ' j eii 'i ua ' adequat e urban ! . . c'r <' icc'S 
Vr4W ^ providc'd te i i upport j . uch dc" i 'elop 
mcnt. As scwcr and other services be- 
come more widespread, thev are 
frequently extended to areas that arc not 
suitable lor hi eh density urban dcyclop- 
ment. 1 he use of such services tzcnerallv 
increases cn\ironmental protection m 
these areas if the densitN' of deyelopmcnt 
remains relati\cl\" low. The 1 imited 
"rransition class is intended to provide for 
appropriate moderate densities ot^ de\cl- 
opment with the benefits of ser\ices. 
I lowcyer. the reliabilits- ot services such 
as sewage treatment s\ stems is critical in 
these areas. ]f the local eovemment in- 
tends to allow the pn\ate provision of 
urban seryices such as sewage systems and 
garbage collection, then the local go\'cm- 



ment should require special assurances 
that these pn\'ate services will reliably 
protect the public resources and avoid 
unnecessar\' public expenses. Both the 
Urban I ransition and 1 imited Transition 
classes are designed to illustrate einerging 
and developing areas where scime appro - 
pnate level o[ services are required. 
f3-^ (_4| Community: 

(B) Descnption and Characteristics. Areas 
meeting the intent of the community class 
are presently deyeloped at low densities 
\yhich are suitable for priyatc septic tank 
use. These areas are clustered residential 
and or commercial land uses which pro- 
yide both low intensity shopping and 
housing opportunities and provide a local 
social sense of a "community". Very 
Hrruted municipal type services such as fire 
protection and community water may be 
available, but municipal type sewer sys- 
tems are not to be provided as a catalyst 
for future development. In some unusual 
cases sewer systems may be possible, but 
only to correct an existing or projected 
pubhc health hazard. .Areas developed in 
a low density fashion in small, dispersed 
clusters in a larger mral landscape with 
very' limited or no water and sewer ser- 
vices meet the intent of this class. j\r e as 
d e volopod at- knv don^ity m a clu i. tor mec't 
thi* int e nt erf t4*e community class if thoy 
exhibit charadcri ' tic . i. uch as^ 
(i) den '. itiL" . t4 le-^ than -^W d' . ' i ellingr . pef 
square' mik'. e* 



(»^ few ror . idonlial do' i olopmont donritioo 
' ■ ' ■ 'hich meet ef OKcecd threo dv i -eUingti 

LTV I CT^TC, \.J i 

fiit} ror . idL ' ntial let &«?s ef 15,000 square 

feet- »f greator. and 'or 
fi¥-^ few population dL'nsiticj such as 64^ 

i-^- 1 -j^f r I ^ j.'VT yu L1U.J V-' I iiu u* ^^n^c \'~i uuir L'i?l 

aero). 
f4^ {9i Rural: 

(A) Purpose. The purpooo ef the rural class 
is to provide for agriculture, forestry, 
mineral extraction and various other few 
intensity wses »» larg e sites including few 
dL'nsity disporsod residential t*se* whcro 
urban scp i ic^'s ate fw+t- affe will- h*^ t»e Fe- 
quirt'd. Afty d e ' i clopmont m tfe* class 
should fee compatible with rc^ i ourco pro 
duction aft4 should set significantly iiB- 
paif e* pennanontly alter natural 
rc ' sourcos. other allied uses traditionally 
associated with an agrarian region. Other 
land uses, due to their noxious or hazard- 
ous nature and negative unpacts on adja- 
cent uses may also be appropnate here if 
sited m a manner that minimi/es their 
negative effect on surrounding land uses 
or natural resources. lixamples include 
cnergN' generating plants: refining plants. 
airp(jrts. sewage treatment facilities; fuel 
storage tanks and other industnal tvi 



uses. Ver\' low density dispersed residen- 
tial uses on large lots with on site water 
and sewer are consistent with the intent 
of the rural class. Development in this 
class should be as compatible with re- 
source production as possible. 
(B) Description and Characteristics. Areas 
meeting the intent of this classification are 
appropriate for or presently used for agri- 
culture, forestry, mineral extraction and 
similar allied other uses, that due to their 
hazardous or noxious nature, should be 
located in a relatively isolated and unde- 



veloped area. \'ery low density dispersed, 
single family residential uses are also ap- 
piropriate within rural areas where lot sizes 
are kirge and where densities do not re- 
quire the provision of urban type services. 
Private septic tanks and wells are the pri- 
mary onsite services available to support 
residential development, but fire, rescue 
sc|uad and sheriff protection may also be 
available. Population densities will be 
very low. fe** than efte person pet aero. 
(C) Discussion. The rural class is the 
broadest of the five classes and will gen- 
erally constitute the major land class on 
county land classillcation maps. Local 



248 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



governments may subdivide the rural class 
into subclasses such as rural/agriculture, 
rural/forestry etc. in order to illustrate 
where these basic rural activities will oc- 
cur. 
(6) Rural with Services. 



(A) Purpose, llie rural services class is to 
provide tor ver\ low density land uses in- 
cludins; residential use where limited water 
ser\'iccs arc provided iii order to avert an 
existing or pnijected health problem. 
De\c]opmcnt within this class should be 
low intensity in order to maintam a rural 
character. Rural water systems, such as 
those funded bv larmers 1 lome Admin- 
istration, are or may be available in these 
areas due to the need to a\ert poor water 
quality problems. j'hese systems, how- 
ever, should be designed to scr\'e a limited 
number of customers and should not 
ser\e as a catalyst tor future higher inten- 
sit\' development. 

(B) Descnption and Characteristics. Ar'^as 
meeting the intent of this class are appro - 
pnate for very low intensity residential 
uses, where lot si/cs are large, and where 
the provision of seniccs will not disrupt 
the primary niral character o[ the land- 
scape. Pnvate wells and septic tank ser- 
vices may exist, but most development is 
supported by a closed water system. 
Other services such as sheriff protection 
and rural or volunteer fire protection and 
emergency rescue etc. may also be avail - 
able. 



(C) Discussion. Iliis class is intended to 
be applied where the local gcneniment has 
provided, or intends to provide ver\' lim- 
ited water sen-ices to avert a known or 
anticipated health problem in a predomi- 
nantly larger agrarian region. 
f§^ (7| Conservation: 

(C) Discussion. The conservation class is 
designed to illustrate the natural, produc- 
tive, scenic, cultural and recreational fea- 
tures of the coastal zone which make the 
region a desirable place in which to live, 
work and visit. As such the conservation 
class should be applied to areas that be- 
cause of their unique, productive, limited, 
cultural or natural features should be ci- 
ther not developed at all (preserved), or if 
developed, done so in an extremely lim- 
ited and cautious fashion. At a minimum 
all ABC's as defined in 15 NCAC 711 are 
included in this class and the land use plan 
shall so state, and the local gcnernmenl is 
strongly urged to include other similar 



areas protected by either other state or 
federal agencies. Examples include Army 
Corps of l^n.gincers' "404 wetlands". Ur- 
ban services, public or private, should not 
be provided in these areas as a catalyst to 
stimulate intense development. In most 
cases limited onsite services will ade- 
quately support any limited development 
within this class and will also protect the 
very features which justify the area's 
inclusion in the conservation classifica- 
tion. It should be understood that even 
thougli ABC standards occasionally per- 
mit urban type development on a lot by 
lot basis within the various ABC's and 
that services are occasionally provided, 
this is the exception rather than the rule, 
an<J the primaiT intent of the conservation 
class is to provide protection for the re- 
sources included therein. Mapping of 
ABC's in the conservation class on the 
local government's land classification map 
should be accomplished with the under- 
standing the ABC's are intensively defined 
by their characteristics in 15 NCAC 7H, 
and therefore maps only indicate approxi- 
mate locations and are not definitive 
enough for site specific regulation pur- 
poses. Policy development in the land use 
plan should acknowledge the intent of this 
class and policies should be consistent 
with the function of areas shown in the 
conservation class. 

Statutory Authority G.S. I I3A-I07(a): 
II3A-I24. 

.0207 PUBLIC PARTICIPATION 

(a) Local governments are oncourugod required 
to employ a variety of educational eflbrts and 
participation techniques to assure that all seg- 
ments of the community have a full and adequate 
opportunity to be informed and to effectively 
participate in planning decision-making. Bduca- 
tional efforts may include, but arc not limited to 
newspaper articles, television and radio shorts 
etc., and participation techniques can include, 
but are not limited to, neigliborhood advisory 
groups, questionnaires, newsletters and public 
meetings. To encourage public participation at 
meetings, the public shall be infonned of each 
public meeting in several ways, rather than rely- 
ing only on the minimum legal notice. 1 ocal 
gov e mm e nls '. hall dir . cuf . ' . Wt t+H* land ttw plan ttn* 

1 1 It? I iit.H.1^' trr put *iJC' Pwri'lC'li •ill lOl 1 I ! 1 ii I Vi' t?l t? LI vUO rrr 

plan production. '4-hi? local go' i ornmcnt iihall 
on i iuro Aat- its public e ducation aft4 participation 
proc(> ' jf . was f . chodulod m nuch » mann t ?r t+»* t4w 



NORTH CAROLINA REGISTER 



249 



PROPOSED RULES 



pmlunitii." . . -14+t» IcKul go' i eminL'nt ^ . hould 4e- 
vc ' lup a public mlonnatinn t ' ducution ^i ih e dule 
a4- f+H* b e gmnmu t4 t+n^ plunninij procciiC i rtft4 He- 
<+tV t4+e public pcrioJicully ef k^ input cipportu 
niticj. 

(b) WIiiIl ' rinul d e ci - jionf i »» policy niuiit t>e 
mad^ bv oloctL ' d officialr i . the viown ©f a wido 
cro ' jf . L . L'ction trf citi;'on ' ; . ' jhull ^ actively solicited 
aft4 con -' id e red. 44«> public participation e ffort 
;. luill e n -' Ur e t-btrf aH- cconoinic. '' Ocial. e thnic aft4 
cultural s iL" . ! . pcnnl !' afe fully con^idcTcd h% plan 
developin e nt. ad(^ption. aniondmcnt aR4 iinple 
mentation. 1 or all land use plans, a concise cit- 
izen participation plan shall be prepared and 
adtipted bv the local ao\eiTiment. At a inim- 



the plan shall include the I'ol 



owine: 



( 1 ) Desi'jiation ot the pnncipal local board, 






ai:enc\' or department responsible for 

superMsion oj^ the proiect. 

A public information education schedule 

with specit'ic dates. 

An explanation of how the public will be 

notitied cA its opportunities for input. 

(4) All citi/en participation plans tor land use 
plans will include a public heanng or 
meetmL: conducted at the beginnin-: of the 
update process. This shall be in addition 
to the iiublic heanniz to be conducted on 
the comjileled land use plan, [^unm: the 
initial public heanni: or meetini:. the local 
ao\eniment will specificalh' discuss the 
CMstinu policN' statements prepared m ac- 
cordance with Rule .()2().^ Policy State- 
ments I he siimilicance importance of 
the policN" statement to^ the CAM A land 
use planning: process shall be descnbed. 
I he process bv which the local go\em- 
ment will solicit the \'ieu-s of a wide 
cross-section of citi/ens m the de\elop- 
ment of updated polic\" statements will he 
explained at the public heannu. 

(5) Fach citi/en participation plan shall ensure 
that all economic, social, ethnic and cul- 
tural \iew points are considered as much 
as possible in the de\'elopment of each 
land use plan. 

(6) 1 he adopted citi/en participation plan 
shall be included as part of the local gov- 
ernment s land use plan to include a list- 
ing o\_ ineetini:s. questionnaires etc. and 
an assessment as to th£ eflecti\'eness and 
adequac\ ot^ the citi/en participation ef- 
fort. 

(c) While final policN' decisions will be made 
by local officials, the citi/en participation plan is 
desJLined to a\e the public the opportunit\^ to 
voice its \'iews on all required policy items. 



Statutory 
II3A-I24. 



Authority G.S. II3A-I07(a): 



SECTION .0400 - LAND LSE PLAN 
AMENDMENT PROCESS 

.0403 NOTICE TO COASTAL RESOURCES 
COMMISSION 

(b) The unit of govemment amending the land 
use plan shall submit the full text of any pro- 
posed amendment in full page units as it would 
appear in the land use plan if adopted in the 
proposed form. .Any maps (such as the land 
classification map) that are the subject of the 
amendment or that will be affected by the 
amendment shall also be submitted as they 
would appear if the proposed amendment were 
adopted. If the proposed land use plan amend- 
ment includes reclassifying an area from a lower 
intensity land class which does not presently re- 
quire urban type ser\'ices to a higher intensity 
class which wiU necessitate urban type services, 
then the local govemment should describe, as 
part of the amendment, how, when and where 
these services wiU be provided in order to support 
such a reclassification, tf Ae local government 
intendc ' te- aUow private ! . er . icoo r . uch »& F . ev . ;igo 
package treatment ^ ' VOtemii. pri' i 'ate garbage 
pickup, commuiuty water ii . y. i tem ' j eter: th e n t4te 
local go' i eniment L . hould ake- di ' . . cu - j ' j how k- vrt4i 
en; . uro thei^e private oenicoo wiW- be pros'ided se 
a^ te- a' i' oid unnecesf ^ aP i ' future public expenwc. 
Proposed amendmentc . i T i hall l»e r . ubmitted te the 
executi' i o s e cr e tary with t4ie notice ef tiie pubUo 
heanng. 

( 1) Local governments that presently enforce 
the minimum land management tools 



(/onina and subdivision re 



:ulat 



ions, or 



planned unit development ordinances; 
PLD's) and also supply other urban ser- 
vices such as water, sewer, police fire pro- 
tection, solid waste disposal, 
transportation network and schools, shall 
so state, and as part of an\' plan amend- 
ment proposal shall assure the CRC that 
the local govemment has or will provide 
for adequate services to support any de- 
velopment that will occur. As part of this 
assurance, the local govemment shall dis- 
cuss the circumstances making the 
amendment necessary and shall also de- 
scribe how this amendment v\ill help the 
local govemment achieve and implement 
its stated policies as contained in the land 
use plan. This discussion shall also in- 
clude an examination of the availability 
of vacant land presently m the land clas- 



250 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



sificaticin bcinsz souuht for in the proposed 
amendment and wliv the land proposed 
for reclassification is mc^rc appropnatc tor 
intense development than that presently 
vacant and currently classed for intense 
development. 
(2) I ocal tzoN'emments that are riot_ presently 
enforcing the minimum land management 
tools (/onmu and subdivision regulations 
or JH O s) and that do not provide puhlic 
services such as water, sewer, police, lire 
protection, solid waste disposal, transpor- 
tation network and schools, shall so state 
as pait of any proposed plan amendment. 
If the local government intends to alkn\- 
these services to be provided privately, 
then a "demand-supph " analysis is re- 
quired as pail ot any plan amendment 
proposed. This analysis shall be thor- 
ouijhK discussed at_ the local public hear- 
ing pnor to local action and shall be 
available for public review dunng the 30 
dav public hearing notice penod as j^'jl 
of the notice and the notice shall so state. 
This analysis shall also include infonna- 



tion as to the whole range of uses pennit- 
ted within the proposed land classitication 
and shall discuss potential impacts ass(ici- 
ated with those uses, including the most 
dense possible development therein. At 
a minimum, the demand-supply anahsis 
shall discuss: water, sewer. p(>lice, tire 
protection, siilid waste dispi')sal, transpor- 
tation impacts and school impacts. Po- 
tential impacts on the immediate 
environment shall also be discussed. As 
part of any proposed amendment, the lo- 
cal govemment shall also discuss the cir- 
cumstances making the amendment 
nccessar\ and shall also describe how the 
amendment will help the local govern- 
ment achieve and implement its stated 
policies as contained in the land use plan. 
This discussion shall also include an ex- 
amination of the availability of vacant 
land presently in the land classification 
being sought, and why the proposed re- 
classification is more appropriate for in- 
tense de\ elopment than that presently 
vacant and currenth classed for intense 
development. 

Statuuvy Authoriiy G.S. II3A-1 10: //3A-J24. 

.0405 CONSISTENCY AND ADOPTION 

(b) Ihc Coastal Resources Commission shaU 
review locally adopted land use plan amendments 
that are not subject to the waiver provisions. a4- 



1 1 It? Ill T'l 1 1, l^ LI till I T V\. 1 1 nJ LI I nj II IV.^ I M 1 1 I IT-HTT LI 1 1 1" I 1 1 lO 

executive' iieoretar; !' be* received notilicaticm »f 
local adoption, provided udequotu trnw c^xi ii tr . te 
dolermino Ae GulTiciency ef Ae amendment. 
The local .government shall submit in writing its 
proposed plan amendment to the executive sec- 
retary or his designee at least 21 calendar days 
prior to the Commission meeting at which the 
local govemment intends for the Commission to 
consider the change. This schedule should pro- 
vide time for an evaluation of the amendment to 
determine if it is sutficient. If adequate time is 
not available for review of the amendment, the 
local government shall be advised in writing by 
the executive secretary of the date at which the 
commission anticipates review of the amend- 
ment. Public comments are invited during the 
CRC review of the proposed plan amendment. 

(c) ]f additional time is needed for review of a 
plan amendment, the local government shall be 
advised in vvnting according to Paragraph (b) of 
this Rule. Otherwise failure of the (T<C to take 
negative action at its first regularly scheduled 
meeting after notification to the executive secre- 
tary of the adopted amendment indicates com- 
pliance with these standards and commission 
approval of the amendment. 

Staliuoiy Authority G.S. Il3,i-I10: //3A-/24. 

SECTION .0500 - E.\ND LSE PLAN LPDATE 
PROCESS 

.0506 OFFICIAL COPY OF PLAN 

An official copy of the adopted land use plan 
including all amendments and updates, shaU be 
kept on file by the Coastal Resources Commis- 
sion and the local govemment adopting the plan. 
County local governments shall exchange certi- 
fied plans both with ctmtiguous counties and 
municipalities within its borders and each 
municipality within a county shall also exchange 
its certified plan with the county in which it is 
located. 



Statutoiy A uthority 
II3A-I24. 



G.S. 



II3A-I07(a); 



•k-k-k-k-k-k-k-k-k'k-^-k-k-k-k-k-k-k 



lyoticc is hereby given in accordance with G.S. 
I50B-I2 that the NRCD - Division of Coastal 
.Management intends to amend nde cited as 15 
NCAC7H .0208. 

1 he proposed effective date of this action is Oc- 
tober J, I9S9. 



NORTH CAROLINA REGISTER 



251 



PROPOSED RULES 



1 he public hearing will be conducted at 10:00 
a.m. on July 27, 7959 at Duke .Marine Lab Audi- 
torium, Pbi'ers Island, Beaufort, AC. 

(^ omment Procedures: .4 II persons interested in 
this matter are irn-ited to attend the public hearing. 
The Coastal Management Di\ision will receive 
written comments up to the date of the hearing. 
Any person desiring to present lengthy comments 
is requested to submit a written statement for 
inclusion in the record of proceedings at the public 
hearing. Additional information concerning the 
hearing or the proposal may be obtained by con- 
tacting Portia Rochelle, Division of Coastal \ian- 
at^ement, P.O. Box 2':'6S7, Raleigh. AC 276//, 
(919) 733-2293. 

slbchaptp:r i\\ - state glidelines for 
areas of enmronmental concern 

section .0200 - the estl arine system 

.0208 lse standards 

(b) Spccillc L'sc Standards. 
(6) Docks and Piers. 

(C) Piers shall be designed to minimize ad- 
verse effects on navigation and public use 
of waters while allowing the applicant ad- 
equate access to deep waters by; 
(iii) ift ae- ea*t* e xtond not extending more 
than one-tliird the width of a natural 
water body or man-made canal or 
basin. Measurements to determine 
widths of the channels, canals or basins 
shall be made from the waterward edge 
of any coastal wetland \egetation which 
borders the water body. The one-third 
length limitation will not appK' in areas 
uhere the IS. .AnnN Corps of I-ngi- 
neers. or a local goxemmcnt in consul- 
tation with the Corps o^. Fnunccrs. has 
established an ollicial pier-head line. 

Statutorv .-luthoritv G.S. 1 13A-I0''ib); 
ll3A-l6S: I/3A-//3(bj; I13.A-124. 

■k'k'k'k'k-k'k'k-k'k-k-k'k'k'k-k'k-k 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Xorth Carolina Wildlife Re- 
sources Commission intends to amend nde cited 
as 15 SCAC lOF .0347. 



1 he public hearing will be conducted at 10:00 
a.m. on June 14, 1989 at Room 386, Archdale 
Building, 5/2 N. Salisbury Street, Raleigh, North 
Carolina. 

\^ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from May 
30, 1989 to June 29, 1989. Such written com- 
ments must be delivered or mailed to the A'.C. 
Wildlife Commission, 512 A'. Salisbury} Street, 
Raleigh, A'C 27611. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
\VA LER SAFETY 

SLBCIL\PTER lOF - MOTORBO.\TS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGLLATIONS 

.0347 CRAVEN COUNTY 

(a) Regulated Areas. This Rule applies to the 
foUowing waters in Craven County: 

(1) that portion of Northwest Creek between 
the entrance buoys at Fairfield Harbour 
.Marina and the mouth of Spring Creek, 
and to all of Spring Creek, includmg the 
bulkheaded area of Fairfield Harbour, in 
Craven County; 

(2) That area of water between the entrance 
buoys of the Olde Towne Lake, from the 
Trent River and including all of Olde 
Towne Lake and the bulkhead area of 
Olde Towne Harbour itself; 

(3| Matthews Point \Lmna. That triangular 
portion within .^10 feet on either side and 
150 feet straight off of the main pier at 
\hitthews Point Manna located on 
Clubfoot and .Mitchell Creeks, at the end 
of S_R 1711 in the 1 larlowe area of CraN^en 
County. 

(b) Speed Limit. No person shaU operate any 
vessel at greater than no-wake speed within the 
rceulated areas described in Paragraph (a) of this 
Rule. 

(c) Placement and Marntenance of .Markers. 
The Board of Commissioners of Craven County 
is hereby designated a suitable agency for place- 
ment and maintenance of the markers imple- 
menting this Rule, subject to the approval of the 
I'nited States Coast Guard and the United States 
/Vrmy Corps of Engineers. 



Th 



he proposed effecti\-c 
September I. 1989. 



date of this action is Statutory Authority G.S. 75A-3; 75A-I5. 



252 



l\ORTH CAROLINA REGISTER 



PROPOSED RULES 



TITLi: 16 - DEPARl.MKM OF PUBLIC 
EDLCAIION 

IS otice is hereby gh'cn in accordance with G.S. 
I SOB- 1 2 that the State Board of Education in- 
tends to amend rule cited as 16 NCAC 6C .0101. 

1 he proposed effecth'e date of this action is 
September I. 1989. 

1 he public hearing will be conducted at 2:00 
p.m. on June 22, 1989 at Education Building, 3rd 
Floor Conference Room. 116 West Edenton 
Street, Raleigh. A'C 27603-1712. 

y^omment Procedures: Any interested person 
may present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 

CIIAPTFR 6 - ELKMF.NTARY AND 
SKCONDARY EDUCATION 

SUBCHAPTER 6C - PERSONNEU 

SECTION .0100 - GENERAU PROVISIONS 

.0101 DEFINITIONS 

As used ill this Subchapter; 

(5) "Part-time employee" means a person em- 
ployed for hatf timo »f moro. at least twenty 
hours per week. 

History Note: Authority N.C. Constitution, 
Article IX. Sec. 5. 



lyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the State Board of Education in- 
tends to amend rules cited as 16 NCAC 6C .0201 
- .0202, .020S and repeal rules cited as 16 NCAC 
6C .0203 - .0204. 

1 he proposed effective date of this action is 
September I, 1989. 

1 he public hearing will be conducted at 9:30 
a.m. on June 22, 1989 at Education Building, 3rd 
Floor Conference Room, 116 West Edenton 
Street, Raleigh, NC 27603-1712. 



Co 



omment Procedures: .Any interested person 
may present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 

SECTION .0200 - TEACHER EDUCATION 



.0201 STATE EVALUATION COMMITTEE ON 
TEACHER EDUCATION 

(a) The SBE appoints an evaluation committee 
of at least 18 persons who are lay and profes- 
sional representatives of all phases and levels of 
education. Members serve three year staggered 
terms, and may ser\e no more than two consec- 
utive terms. The SBE designates the chairman 
and secretary of the committee. 

(b) The committee perfoi-ms the following 
functions; 

(I) meets as necessary wiA tfe* chairo ©f 
visitation committooo aH4 1HE roprooon 
tati' .e a to review state and National 
Council for Accreditation of Teacher Ed- 
ucation (N(^\ri ) \isitation committee 
reports; to determine compliance with the 
70 percent pass rate on the Nil- (profes- 
sional knowledge and specialty area ) ; and 
to review pcrfonnancc data of graduates 
in the initial certitication program which 
requires a 95 percent rate of success; and 

(5} adi i 'i i L ' O!: . IHlj i ef their compUanco status 
regarding SRI'' roquiremonts; aR4 

f^ [22 makes reports and recommendations to 
the SBE. 

Authority G.S. I!SC-I2(9)a.: N.C. Constitution, 
Article /.V, Sec. 5. 

.0202 APPLICATION FOR APPROVAL 

(a) Each IHE which seeks SBE approval for 
any teacher education program must file with the 
department a preliminary application in the form 
prescribed by the SBE. 

(b) The IHE will engage in self-study in ac- 
cordance with SBE guidolinos, after which the 
IllE will fill* a self study r e port with ite applica 
tion. the existing NCA IE/state protocol agree- 
ment. 

(c) WTien the IHE has completed all prepara- 
tion phases of the program, self- study, the de- 
partment sends a visitation committee to verify 
the self study report, reports for aU specialty 
areas for which approval i^ sought. 

(d) The evaluation committee considers the 
NCATI' state \isitation committee report, re- 
ports, together with any IHE response to the 
state report as well as student performance data. 
The evaluation committee makes recommen- 
dations to the SBE regarding approval. 

(e) The SBE appro\'es programs for a seven 
veaf five-vear period unless it considers a provi- 
sional approval period of from one to tliree years 
appropriate. IHEs on provisional approval must 
demonstrate annual progress toward meeting all 
requirements of unconditional approval. 



NORTH CAROLINA REGISTER 



2.5.? 



PROPOSED RULES 



(f) The Jopartnu -' nt SBF notifies IHEs which 
are denied appro\al of the reasons for denial. 
The II n- may reapply after it has corrected the 
conditions which led to the denial of approval. 

Authority G.S. I l5C-l2(9)a: X.C. Constitution, 
Article IX, Sec. 5. 

.020.3 INSTHrilON \l, POI ICIFS (KKI'KAI.ED) 
.0204 TKACIIKK FDL CAIION POI ICIKS AND 
rROCKDl KKS (KKI'KALKD) 

Authority G.S. I l5C-12(9)a.; X.C. Constitution. 
Article iX. Sec. 5. 

.0205 TFACHFR FDL CATION PROGRAMS 
SFAFF RF\ IFW SFANDARDS 

fd^ Curriculum dcjign. 

<44 '-Hw U4i^ dourly ■■ tatov curriculum objec 
t+vr*-. v' . hich roliitL ' k+ t+H* '. tudent ■ ; . protV" . 
f . ional vo\l ' . 

f^ ^^tt* H-H^ ■. tal e ; , m wntmg At^ laiovrk'dgL', 
cldllo aft4 compLncncies ie- he acquired fey 
Vke i . tudcnt. 

fi^ fh^ H-H^ a dap to cuiriculum compononts 
t& iiuli' i iduiil L ' ludcnt '. troniith ' ; . ttrt4 nood; . 

{4j 54*^ content t4' e«t4+ cumculum compo 
{«»*■ r e lat e- : , k* th^ actual OHpL'riencj ef ti» 
cmi" i loyi.'i. ' . 
(4*+ CompoiK ' nt '. fof initial ccrtificiition. 

(4^ Goneml [ ' tudii. ''' . Ck ' iK ' ral '. tudic" . loprL ' ^cnt 
knov i ledgL' rL ' quir e d fef i. ' ll e cti' ie citi/ijn 
L . hip. including the artt^ huniLinitio - :. oocial 
ocioncc '. . natural i. . cicncj^. mathematic - i 
aft4 IkmUIiIuI living. 

fi^ ;\rear . «+f r . pociali/alion. Areao t+f ' . . pucial 
i/alion includ e early childhood, intennij 
duiti. ' rm4 middle grade ' - , education: 
L . ocondaP i cduciition content arein' . : ' i oca 
tional education: K 12 subject '. : excep 
tional children ph+4 '. pecial I' l erMce 
porL . onnel areiu . , 

f^ Prol e-. ;. ional r . tudie -. . Protc '. Monal T . tudies 
include r . ocial h«4 beha' . loial L i Cienc e c. 
human growth *h4 dcelopment, teaching 
afi4 l e arning thoop i ' aft4 laboratory o.\pe 
riencc '. appropriate H+ program objectrre' . . 
frV+ I'role ii'. ional '. tudie i. cri- 4+f initial Wt4 
t+l ceililication re -. ult h+ t4+e acqun . ition »4f 
prole - . i-. ional et*fe competencie -' . ' . vhich h+- 
clude kiKHvledg e »ft4 B*k^ understanding, 
planning, in . truclion. clai .i. room manag e 
ment . rt«4 e' i dlualion. 
(Wf Laboratop i ' expenence - : . invoU e obL . er 
^ i at ion. vari e d degree .. t4' participation. rtR4 
e>aended. coiitmut'U - . . lull time teaching 
»f intern -. hip. 



fGi Minimum student teaching ft*f certif 
ication a* a claf . i . room teacher » teft 
weekr . . 
(e^ In -. tructional rei . ource ' : . . -fte i+W* inakeC f 
instructional resourc e s accessible te students aft4 
faculty. Those resources includ e timely -. pecial 
iie4 books im4 periodicals: cunent cumculum 
guides, textbooks rt«4 cours . os t-4" study adopted 
1*¥ the SBf: instructional media, equipment aft4 
oth e r current technology: testing matenals: aft4 
supplie .. . 

(-d-^ Program unpro' . emont. ft» H-H^ period 
ically e \ aluates t e ach e r education programs aft4 
impro^ i es them e» needed. 

fe^ Faculty preparation. Faculty whe pro>idQ 
instruction must fee competent within their ;«*& 
aftd level ef specialty aft4 meet the following eft- 
teria: 

(-4-^ hold *(• least ihe master's degree with a 
graduate major and or demonstrated 
compet e nci e s » t4*e urea( s ) assign e d: ef 
lui' i c specialized preparation bevond tfee 
master s degree if teaching students vro rk 
jftg to' i vard advanced level certification; 

/ / \ --I t 1 . 1 i-i .- 1 ■-! n .1 !•» -1 1 T ."1 T ♦ ti i-t fill' i 1 T-n . ^ T'-i.^iTltt- 

( i_ f III r^TTTrT V_' I H-. rTTTTT tTX 1. 1 1\, rTTTT TTTTTCT I HT^ T^l I I f , 

includuig the admini .' tiati' i e head t4 t4^ 
teaclier education program, possess the 
earned doctorate. 
(f^ lacullv . . . peciali^'ation a«4 utilLuition. -fhe 
faculty h*rv appropnat e specialii^ed training i« the 
various areas f4" (4w teacher education program 
aftd meets the follov,ing minimum requirements: 
(44 hri^ iWe lull time professional education 
faculty »f the equnalent fe* prepLiration 
at both the elementan ' »ft4 secondary' 
levels; 
(-2i hat- eme full time faculty member with 
appropnate i . pecialij'ution. such *s the 
doctoral degree, m e ach fiel4 ©f advanced 
lexel specialij'.ation; 
f^ htt» twe- full tim e speciali^^ed faculty ef the 
equivalent fof each masters level- program 
sf three full time t+f the equiviilent fof 
additional years &f preparation » special 
serrice areas; aft4 
t-h ha^ expertise ia school lawr school financ e , 
school plant, school persoimel. im . truc 
tion. curriculum, school coun -.e ling aft4 
ps' i 'chology. aft4 related social a«4 bohav 
loral science disciplmes. fef prepijation 
t4" personnel » aU special senic e areas. 
^ 44te facultv demonstrates a continuous Fe- 
lationship V i ith elementarr awd secondan schools 
te assure that theif teacliing aft4 research are 
current aft4 r e l e ' . ant. 

fh4 4-he H4fe- maintains a well defined f4a» fop 
t4*e systematic evaluation ef faculty pert'onnance. 



254 



\ORTH CAROLIXA REGISTER 



PROPOSED RULES 



(a) In order to rccci\^e appro\'al bv the SBF, a 
teaelicr education proaam must: 

( 1 ) (ibtain suceesstul N('/\ I I! resicw; 

(2) obtain successlul state re\'ie\v of the spe- 
cialty area( s ) and professional studies; 

(3) demonstrate that its graduates have 
achie\ed a minimum 70 percent pass rate 
on the N lb I professional knowledije and 
specialty area): and 

(4) demonstrate that at least 95 percent of its 
graduates perlonn successlulh' in the ini- 
tial certification prouam . 

(b) For pun''o^cs of state re\iew of specialty 
areas: 

( 1 ) "professional studies" (professional edu- 
cation) means the portion of the total 
preparation proeram that prepares stu- 
dents to wt^rk effectiyely in professional 
cducatioi^ roles, and it includes pedagog- 
ical, theoretical, and practicum studies. 

(2) "specialt\ studies" means the sequence of 
courses and expenences m the academic 
or professional area in which the stud n* 
plans to teach, for the grade level a[ which 
the student plans to teach, and or for the 
services that the candidate plans to pro- 
vide. 

(c) b'lcments that are common to aH specialty 
areas and that need be addressed onh once in the 
self-study, deal with professional studies. I he 
professi(mal studies are designed to pro\ide all 
potential educatc^rs with the generalK accepted 
body o^ know ledge. theor\' and applications that 
is the basis tor ellective educati(mal practice. 
( 1) Wntten e\idence \enfies that the state- 



approNcd protessional studies guidelines 
for all certificated school personnel are 
adequately addressed. 

(2) Wntten e\'idence \enfies that the state- 
appro \'ed professional studies competen- 
cies common to all certificated school 
personnel are adequately addressed. 

(3) Candidates for admission must meet min- 
imum score requirements adopted by the 
SIM' on Core Battenes I (Communication 
Skills) and H (Cieneral Knowledge) ot the 
Nil- before fonnal admission can occur. 
I ndergraduate degree-seeking students 
may not complete more than one-half of 
the professional studies sequence (exclud- 
ing student -teaching internship) before 
being formalh admitted into the teacher 
education program. 

(4) Sequentialh planned field experiences for 
undergraduate degree-seeking students be- 
gin earl\ in the student's program and 
culminate in a continuous and extended 
mininnim ten-week period of student 



teaching in the area in which the student 

seeks certification. All field expenences 

arc supervised and formal e\'aluations in- 

vohing faculty, cooperating teachers and 

students occur as appropnate. 

(5) Preparation for entr\- certification at the 

ad\anced le\cl includes supervised 

internship or lield experiences appropnate 

to the role(s) tor which students are being 

prepared. I'hese expenences are the basis 

for applying theor\' to practice. de\elopin,g 

competencies at a high proficiency level, 

and e\aluating the candidate's perfonn- 

ance. 

(d) I'lements that arc specific to each specialty 

area and that must be addressed bv each program 

for each level offered are as follows: 



( 1) Specialty area design, guidelines and com- 
petencies. There is a well-designed and 
well-detined program of study that reflects 
stated goals and objectiN'es and complies 
with state-appro\ed guidelines and com- 
petencies for the specialty area. 
(A) The goals and objectives of the spe- 
cialty area are clearly stated in writing, are 
readily accessible to facultx', students and 
other consumers and reflect a clear con- 



ception of the role(s) in the public schools 
for which students are being prepared. 
(H) An appropnate balance annmg general 
studies, specialtN area studies and prt^les- 
sional studies exists at the undergraduate 
le\el to assure a well-rounded education 
for students. 



(C) The specialt\' area complies with state- 
appro\ed guidelines for the certilicatitMr 
area in which the student is being pre- 
pared. 

(D) I he specialty area complies with state- 
appro \'ed competencies for the certif- 
icatit)n area in vs'hich the student is being 
prepared. 

(I-) .Master's sixth Near (e.g.. CAS. Fd.S.) 
and doctoral cumcula arc clearh deline- 
ated and differentiated from one another 
and from the undergraduate curriculum. 

(F) Requirements tor ceilification-only 
students are clearly dcscnbed and compa- 
rable to those tor degree-seeking students. 



121 



b'acultv. There is a competent and ap- 
propriately specialized faculty assigned to 
the specialty area. 

I'ach facultN' member teaching in the 



specialt\' area demonstrates competence m 
the arca(s) of assigiiment. 
(B) (^ne appropnatelv specialized facult\' 
member full-time to the institution must 
be assigned major responsibility tor 



NORTH CAROLINA REGISTER 



255 



PROPOSED RULES 



teaching in and coordinating: each spc- 
ciait\ area ottered. To ensure dnersitv. 
there must he a sult'icient number of ad- 
ditional tacultN , appropriateJN specialized. 
to deli\er the lesel(s) ottered; e.c, under- 



graduale. master s, specialist. 1 ach ad- 
vanced dciiree proiirain tliat leads to the 
doctorate has at least three tull-time fac- 
ult\ who ha\e earned the doctorate in the 
field of specialization tor which the deijee 
is ot]ered_ 
(C) /\moim the credentials of the facuUy 
dclix'cnniz (e.2.. teaching, directins. coor- 



dinatinm the specialt\ area, there is evi- 
dence of recent. substanti\c in\ol\ement 
with public scho(il students. statT mem- 



bers and or pro-jams. 
(D) .\monu the credentials of adjunct part- 
time facult\ delixennu the specialtN' area 
there is cMdence i^l recent, substantne in- 
voKement with the institution via stu- 
dents, other faculty and or program 
de\ek^pment. 
(3) Resources. .Adequate resources are avail- 
able and used to^ accomplish the objectives 
for each specialt\ area. 

(A) Specialized botiks and periodicals, cur- 
rent curriculum guides, textbooks and 
courses of stud\' adopted bv local school 
s^stems and the S B L . instructional media, 
equipment and other fonns of technologv, 
testing materials and supplies for the pro- 
duction o^i teacher-made materials and h^ 
brar\' resources tor the specialtN area are 
a\ailable and adequate m number to scree 
the student population. 

(B) Inslmctional resources for the specialty 
area are organized for accessiliilitN^ and 
there is e\idence of use bv both students 
and facultw 



(C) .Appropriate and sufficienth-equipped 
classroom space is prox'ided to meet the 
needs oi_ each specialtN area. 

(D) .Adequate tacilities. including sufficient 
otTice space, are provided to sen'c the 
needs o^. statf and faculty, to counsel stu- 
dents, and to work etTectiNelv with local 
school personnel. 

(4) r-"\aluation. The specialtN' area engages in 
program rcN lew and e\ aluation to ensure 
qualitN . .An annual rcNiew o\_ the specialty 
area is conducted and the resulting data 
are applied, as appropriate, tor program 
improNcment. 
(c) The SBl- will monitor annualh' the folloNv- 
ing legjslatiNe policies: 

( 1 ) certification of methods faculty; 



(2) maintenance of a 70 percent pass rate on 
the professional knoNNJedge (('ore Battery' 
111) and the appropriate specialty area test, 
if aN-ailable, on the N 1 1-; and 

(3) successful performance bv 95 percent of 
each program s graduates in the initial 
certification program. 

Authority G.S. J J5C-J2(9Ja; N.C. Constitution, 
Article IX, Sec. 5. 

****************** 



A^. 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the State Board of Education in- 
tends to amend rules cited as 16 NCAC 6C .0301 , 
.0304 - .0306, .0309. .0311 - .0312. 

1 he proposed effective date of this action is 
September I, 1989. 

1 he public hearing will be conducted at 10:30 
a.m. on .lune 22, I9S9 at Education Building. 3rd 
Floor Conference Room, 116 West Edenton 
Street, Raleigh. A'C 27603-1712. 



Co 



omment Procedures: Any interested person 
may present views and comments cither in writing 
prior to or at the hearing or orally at the hearing. 

SECTION .0300 - CERTIFICATION 

.0301 GENERAL INFORMATION 

. (e) All certificates issued by the Department are 
effective July 1 of the year of issue or upon the 
date the requirements are completed. Certificates 
are valid for the remainder of the fiscal year in 
which the person estabUshes certification quali- 
fications with the Department or U£ to a fof Ae 
five year period following July 1 or the date the 
person completes certification requirements. 
FJNe-vcar dating CNcles are initially based on the 
completion of credit requirements to qualify for 
certification, the completion of certificate re- 
ncNval. or the N'alidity penod of the certificate held 
from another state n\ ith n\ hich reciprocity has 
been established. Ncnv the-Ncar dating cycles are 
established only when an expired certificate is 
renewed. 

(g) Professional personnel may be assigned 
only to areas in wluch the individual holds cer- 
tification, proN'isional certification, endorsement 
or provisional endorsement. Only individualo 
' . sho liold foil (4f pro' i ioional ccMlifiCLition may 
rocoi^ i j ar . Mgnment ' j ef half timo t^ more. 
Teacher;' . wh» poc . LiOOS the skill a required fe h^ 
studonts sati i r . fy Ae competency ti?^^ mrty teach 



256 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



romu ' dial cla i ir i Cf . fef ttor purpos e , r e gardlor . o ef Ae 
tuacher 6 ct'rtificution. The 1 FA may assisji any 
certified teacher who is the best qualified to teach 
remedial courses^ regardless of certification area. 



1 his pro \i si on does not appiv to any \ocational 
certificate \shich has been restricted bv the De- 
partment as a part of completing certification re- 
quirements. 

Authority G.S. ll5C-l2(9)a; N.C. Constitution, 
Article IX, Sec. 5. 

.0304 CERTIFICATION PATTERNS 

(b) Certificates are of the following types: 

(2) Administrator supervisor. The holder 
may ser\e in general and program admin- 
istrator roles such as superintendent, as- 
sistant or associate superintendent, 
principal, »f assistant principal or 
curriculum-instructional specialist. There 
arc three levels of preparation: 

(A) master's degree; 

(B) sixth-year; and 

(C) doctorate. 

(3) Education opecialir . t. Student sen,ices area. 

The holder may pro\ide specialized as- 
sistance to the learner, the teacher, the 
administrator and the education program 
in general. This category includes the 
curriculum inutructional spcciuliiit, coun- 
selor media i f pucialif . t and school psychol- 
ogist. There are three levels of 
preparation as in the case of the adminis- 
trator /supervisor, except that the school 
psychologist is restricted to the sixth-year 
or doctorate levels. 

(c) The department bases certificate classifica- 
tion on the level and degree of career develop- 
ment and competence. There are two 
classifications of certificates: 

(1) The initial certificate, which is valid for 
two years, allows the holder to begin 
practicing the profession on an independ- 
ent basis. Only those persons who arc 
actually beginning in the profession re- 
quire initial certification. FerstMis who 
seek certification in this state for the first 
time and who ha\'e two \'ears of appro - 
pnate experience as determined bv the 
Department are eligible for a continuing 
certificate. The holder must serve at least 
one penod a day for two years in a teach- 
ing assignment appropnate to the holder's 
area of initial certification. If the holder 
is not appropriateh' placed in-field for a 
two-year period the holder and or the 
holder's employer must apply to the De- 
partment to extend the initial certificate. 



The Department may extend the initial 
certificate for u£ to two years, pro\ided 
that the extension occurs within "iwc years 
of the date of qualification as determined 
by the dating and or renewal requirements 
contained in Rules .03(1 1(e) and .(I3U7 of 
this Section. The holder may have the 
certificate changed to a continuing certif- 
icate aft^f the holder }»* met- e r i tabli ' liod 
pcrfonnanco criteria a* a A*H- twRe practic 
iftg profeiiLiionol fof twe- yearo. as pro- 
vided in Paragraph (d) of this Rule, 
(d) To con\ert the initial certihcate to a con- 
tinuing certificate, the holder must ser\'c two 
years with a I. HA or a non-public school that has 
a comprehensive program plan for initially certi- 
fied personnel that meets the cntena contained 
in this Paragraph and that is approved by the 
SBH: meet the performance critena for conver- 
sion of an initial certificate to a continuing cer- 
tificate; and be recommended bv the locally 
designated oflicial of the LEA or non-public 
school by which the holder is employed. I'or 
purposes of this Rule. "\car" means not less than 
six successi\e lendar months of full time em- 
ployment in one EE'A or non-public school with 
an approved program plan. 

( 1 ) Each Li 'A shall develop a comprehensive 
program plan for initially certified per- 
sonnel and present the plan to the SBE 
for appro\al. Non-public schools that 
have a state-approved plan to administer 
the certihcate renewal program may also 
submit a plan for approval. Both LEAs 
and non-public schools must update their 
plans by October 15 of each year and 
submit those plans to the SBE. Each 
'Ian must: 



(A) descnbe adequate provisions for effi- 
cient management of the program: 

(B) provide for formal orientation for ini- 
tially certified personnel describing a\ail- 
able ser\iccs. training opportunities and 
the process for achie\ing a continuing 
certificate; 

(C) provide for the assignment of a mentor 
team or support team, as detennincd bv 
the I [:.\ or non-public school, for each 
initially certified person; 

(D) pro\ide for the pnncipal or principal's 
designee to share rcsponsibilit\' lor pro- 
viding support, where the LEA or non- 
public school deems a mentor team to be 
the appropriate support; 

(E) include on the support team a career 
status teacher, the principal or principal's 
designee, and a generalist or a specialist in 
curriculum instruction. Other personnel 



NORTH CAROLINA REGISTER 



257 



PROPOSED RULES 



such 



II II' members or central office 



super\isor administrator staff ma\' he used 



as resources to the team as needed; 



(I-) provide for a minimum of three obser- 
vations per year, using the first five func- 
tmn areas of the North ('arolina leaclier 
IV'riomTancc Appraisal Instrument Initial 
Ceilification for teachers, the I'lrst of 
which must he for at least one period or 
instructional actnitv. preceded by a pre- 
conterence and Ibllowed hv a post- 
conference. The others ma\' be 
unaniuninced but must be for at^ least one 
penod or instructional acti\'itv and be fol- 
lowed bv a pc)st-conlcrence. All persons 
\\ ho observe teachers must be trained in 
the use of the tirst h\e functu)n areas of 
the perlonnance appraisal instrument for 
teachers. The first c')hser\ation must oc- 
cur before October 30, the second must 
occur between October 30 and .j^anuarv 
15. and the third must occur alter .lanuarv 
15 and before April 15; 

(G) pro\ide for the preparation of an indi- 
\'idualized professional de\elopment plan 
for each initially certified person that 
identifies iioals. stratetnes and progress to- 
ward impro\ mil protessuinal skills; 

(11) prtnide tor stnicture to identify and 
delner sen-ices and technical assistance 
needed bv initialK certified personnel; 

(I) pnnide for maintenance of a cuinulati\'e 
portfolio that ccmtains the professional 
dewlopnient plan and official documen- 
tation of perlbmiance m the first fi\e 
function areas of the perl\)nTiance ap- 
praisal instrument; 

(J) proNide for the timely transfer of the 
cumulatne portfcilio to additional em- 
plo\ ini: 1 1 .\s within the state upon re- 
quest of an initialK certified empknee; 

(K) assure that the program plan was de- 
\eloped together with 1 1 1 1 ( s ) ha\ ing ap- 
pixned teacher education programs and 
descnbe their continuous invohement 
with the program; 

(I_) descnbe a plan for the SNStematic eval- 
uation of the pr^^)La^am to assure program 
qualitw effecti\encss, and efficient man- 
agement; 

(M) desi'jiate a person to verify successful 
completion of the t\\(v\ ear initialh' certi- 
fied pr(\L;ram and make recommendations; 
and 

(N) document that the Lb A or non-public 
school has aelopled the plan. 
(2) No later than .\pnl I 5 of the second year 
of emplo\ment of the initialh-certified 



person, the locally designated official shall 
determine whether the person will be re- 
commended for conversion to a continu- 
ing certificate. The official makes this 
determination based on the mlonnation 
contained in the holder's cumulative 
portfolio. The official shall not recom- 
mend for conversion any person who has 
not perfonried "at standard" or higher on 
each of the first five function areas of the 
performance appraisal instrument for 
teachers on the final obser\ation prior to 
April 15 of the second year of employ- 
ment. 

(A) The official makes the recommendation 
on a form prescribed by the Department. 
The Department reviews each recom- 
mendation to determine whether the per- 
son has m fact achie\'ed at least the 
required at -standard periormance le\-el. 
If the person has achie\ed the required 
periomiance level, the Department shaU 
approve the recommendation of the lo- 
cally designated official. If the person has 
not achieved the required pertormance 
level, the L^epartment shall not approve 
the issuance of a continuing certificate. 

(B) Any person not recommended for con- 
version from an initial certificate to a 
contmumg certificate ma\ ha\e that 
action re\'iewed bv filing a contested case 
petition in accordance with Article 3 of 
Chapter 150B of the General Statutes. 
As an alternati\e. the person ma\' contact 
an appro\ed teacher education prouam 
and complete a program of study as pre- 
scribed by the II IF- to correct deficiencies. 
After the person successfulh' completes 
the required additional training, the 1 1 Hi 
must recommend the person for a new 
initial certification. The holder must then 
satisfy the periormance requirements of 
this Subparagraph. 

(4) (3) The continuing certificate authorizes 
professional school service on a continu- 
ing basis. Tliis classification includes 
three categories: 

(A) teacher (class "A" undergraduate and 
class "G" graduate) in the following areas: 
(i) e arly cliildhood oducation, K 1; ele- 

mentary^ education, K-6; 
fi+i intL'rm e diut ej L'ducation. +-4t 
(«ii (ii) middle grades education, 6-9; 
(iv^ (ill) secondary specializations, 9-12; 
(^ (iv) special areas, K- 12; and 
(-v4-^ [vj occupational. 

(B) administrator 'supervisor; and 



25S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



[O L ' duccition r . pociulif . t. student sen'ice 
personnel. 

Authority G.S. I I5C-1 2i9)a.: N.C. Constitution. 
Article IX. Sec. 5. 

.0305 CKKHFICATKS I or NON -TEACIItR 
FDl CATION (;RADIATES 

(a) A person who has not graduated from an 
approved teacher education program who later 
desires to teach shall have his her credentials 
evaluated by an appro\ed II IF, or teacher educa- 
tion consortium. 44*e poroon i i hall (^ a copy ef 
tl+e o' l aluQtion with t-he department. The person 
shall satisty the assessment of his her needs and 
be recommended by the I III- or consortium for 
certification. 

(c) A person who is qualified to hold at least a 
class "A" teaching certificate mav be issued ad- 
ditional areas of certitication on a pro\isional 
basis as needed b\ I I \s The person must sat- 
isf\ deficiencies for full certification at the rate of 
six semester hours per \car. The person must 
complete this \earl\ credit belore the beginning 
of the follouini; school \ear and the credit must 
be directh applicable to the proMsional area(s). 
The person must complete all credit reciuire- 
ments bv the end of the fifth \ear of provisional 
certification. 

Authority G.S. I I5C-l2(9}a.: N.C. Constitution. 
Article IX, Sec. 5. 

.0306 CIRIllTCATE ENDORSEMENT 

Within the operation of appro\-ed programs, 
IIIEs may recommend persons who qualify for 
full certification for an endorsement to that cer- 
tification. Ihc department issues an endorse- 
ment based on a minimum of eigliteen semester 
hours in a specific content area where these hours 
are specifically related to competencies required 
for full certification iin that subject area. (.Certif- 
icates endorsements arc restricted to less than 
half-time teaching assiaiments. 

Authoritv G.S. I I5C-I2(9)a.; .\'.C. Constitution, 
Article IX, Sec. 5. 

.0309 RECIPROCITY IN CERTIFIC.VTION 

Persons who have not completed an approved 
teacher education program in tins state may be 
eligible for certification by the Department at^ the 
class "A" le\'el as follows: 



(a) A candidate for certification who has not 
met the standard examinations requirement may 
receive an- interim CL'rti,ficat e a temporapt' permit 
if 

{4} A# candidate* ba* boon s e l e cted fof em- 
ploymont i» tj^e r . tale a» the applicant who 
be^ mootii Ae po ; iition'f . ■i pucificationLi; 

f^ (Jj the candidate did not know that a min- 
imum standard ex;miination score was re- 
quired for certification; and 

(4^ (2) the candidate has not had the opportu- 
nity to satisfy this requirement after be- 
coming aware of it. 

(b) 4^ candidat e ^ , omployor mu ^ U 6ie »» af>- 
plication ft+f »«• interim cortifieato with iim 4e- 
partmont t«* fomir . fumiiihod by t4%e department. 
Aft intonm certificate A temporar\' penriit is \alid 
for a- four month penod only the remainder of 
the fiscal \ear durini: 
hshed. 



which certification is estab- 



ot »ft in-state 



Xt* graduat e (Graduates 

appro \'ed program » {4*Ht i . talo ^^ pr(\i:r;uTis are 
not eligible for a» intorim cortifieato. a tempo- 
rary permit. 

Authoritv G.S. / J5C-/2(9 )a.; N.C. Constitution, 
Article IX, Sec. 5. 

.0312 CERTIFICATE SUSPENSION AND 
REVOt.VnON 

(f) The SRf: will consider requests for rein- 
statement of re\oked certificates. The SBl' will 
not grant any request for reinstatement unless it 
finds as facts that: 

the action that resulted in re\'ocation did 



111 

til 



not in\ohe abuse of minors; possession, 
sale or use of controlled substances; moral 
turpitude or grounds listed in Cj.S. 
115C-325(e)(r)b. ore.; 
the person has no record of subsequent 
beha\'ior that could have resulted in cer- 
tificate revocation; 
there is no court order or judicial deter- 



mination that would prohibit the person 

from returning to a certificated position; 

and 

there has been a sufficient lapse of time 

since revocation for the persim to appre- 

ciate the \alue of certification. 



.Authoritv G.S. I l5C-l2(9)a.: N.C. Constitution, 
.-Irticle iX, Sec. 5. 



Authority G.S. I I5C-1 2\9)a.: N.C. Constitution. 
Article IX, Sec. 5. 

.031 1 FEMPORARY PERMIT 



No 



' otice is hereby given in accordance with G.S. 
1 503- 1 2 that the State Board of Education in- 
tends to repeal rules cited as 16 NCAC 6D .0201 



NORTH CAROLINA REGISTER 



2S9 



PROPOSED RULES 



-.0203 and adopt rules died as 16 \CAC 6D 
.0204 - .0210. 

1 he proposed effecth-e date of this action is 
September I. J9S9. 

I he public hearing will be conducted at 1 .00 
p.m. on June 22, 1989 at Education Building, 3rd 
Floor Conference Room, 116 West Edenton 
Street. Raleigh. \C 27603-/7/2. 

(_ omment Procedures: Any interested person 
may present views and comments either in writing 
prior to or at t/ie hearing or orally at the hearing. 

SLIJCIIAPTFR 6D - INSTRL CTION 

SECTION .0200 - TEXTBOOKS 

.0201 STATE TEXTBOOK COMMISSION 

(REPEALED) 
.0202 lEXTBOOK BIDS AND CONTRACTS 

(REPEALED) 
.0203 DISPOSITION OF OLD TEXTBOOKS 

(REPEALED) 

Statutoty .-iutliority G.S. / /5C-S9. 

.0204 TEXTBOOK ADOPTION SCIIEDLLE 

To ensure adequate time for the evaluation of 
textbooks presented to the SBF. for adopted for 
use in the public schools, the Textbook Com- 
mission, the Department and the SBE shall ad- 
here, to the extent practicable, to the following 
schedule on and after JanuaPv' 1, 1990: 

(1) Januar\", The .Superintendent of Public 
Instruction will identify for the SBE all 
textbook contracts scheduled to expire dur- 
ing the next calendar year, and recommend 
whether such contracts should be renewed 
or new textbooks adopted the following 
year. 

(2) March. The Superintendent will present for 
the SBE's approval a review of the curric- 
ulum requirements as prescribed in the 
Standard Course of Study and Competency 
Based Curriculum for the areas for which 
textbooks are scheduled to be adopted that 
year. 

(3) April. The Superintendent will present for 
the SBE's approval the call letter and evalu- 
ation forms prepared by the Curriculum 
Review Committee for the textbooks sched- 
uled for adoption that year. The Super- 
intendent wiU fonvard approved call letters 
to publishers listed on the Textbook Com- 
pany Register and will forward appro\ed 
evaluation forms to the Textbook Commis- 
sion. 



(4) June. Textbook publishers will forward 
textbooks presented by publishers for 
adoption to the Textbook Commission and 
other recipients designated in the call letters. 

(5) June 15 to August 1. The Regional Text- 
book Evaluation Advisory Committees will 
evaluate textbooks under the direction of the 
Textbook Commission. 

(6) August and September. The Textbook 
Commission will review the recommen- 
dations of the Regional Textbook Evalu- 
ation Advisor)' Committees, and will 
prepare its recommendations to the SBE. 

(7) October. The Textbook Commission wUl 
present its recommendations to the SBE. 
The SBE will adopt textbooks. 

(8) No\ember and December. Local school 
systems review adopted textbooks and iden- 
tify textbooks to be ordered. Local school 
systems will place orders before .March 1 of 
the next year. 

Statutory^ Aut/iority G.S. /15C-89. 

.0205 CLRRICLLLM REVIEW COMMITTEE 

(a) The Superintendent of Public Instruction 
shall appoint a Cumculum Review Committee 
to ad\ise him about criteria to be included in 
each call letter to publishers requesting sub- 
mission of textbooks for evaluation and 
adoption, and the development of forms for 
e\aIuation of textbooks presented for adoption. 

(b) The Committee shall be organi/.ed and se- 
lected by the Superintendent of Public Instruc- 
tion. The Committee should include, in addition 
to members of the Department of Public In- 
struction, representatives from local school sys- 
tems, the Textbook Commission and the 
community. 

(c) The Committee shall begin performing its 
duties at least one year before the issuance of 
letters to publishers calling for submission of 
textbooks for e\'aluation and adoption. 

(d) The Committee's responsibility is to help 
ensure that textbooks presented for adoption are 
evaluated for their conformity to the Standard 
Course of Study and the Competency Based 
Curriculum, and that the textbooks adopted in 
fact conform to the Standard Course of Study 
and the Competency Based Curriculum. The 
Committee shall develop criteria to be included 
in each call letter and textbook evaluation forms 
that reflect the requirements of the Standard 
Course of Study and the Competency Based 
Curriculum. 

(e) The Committee shall present the criteria 
and forms it de\elops to the Superintendent of 
Public Instruction for review and approval, and 



260 



iXORTH CAROLINA REGISTER 



PROPOSED RULES 



shall then present the criteria and forms to the 
SBE for review and adoption. 

Statutory Authority G.S. II5C-89. 

.0206 RFr.lON AL TEXTBOOK EVALUATION 
AD\ ISOKY COMMITTEES 

(a) The Textbook Commission shall appoint 
Regional Textbook Evaluation Advisory Com- 
mittees for each of the state's educational districts 
defined in Cj.S. 1 15C-65. Members shall serve a 
one-year term that begins on January 1 and ends 
on December 31 of each year. The Textbook 
Commission shall fill any vacancy for the re- 
mainder of the unexpired term. Members shall 
serve at the pleasure of the Textbook Commis- 
sion. 

(b) All persons appointed to these committees 
by the Textbook Commission shall be qualified 
by training and experience to evaluate textbooks 
for use in the public schools. In appointing these 
committees, the Textbook Commission shall 
consider the textbooks scheduled for adopti'^in 
during that year, and shall ensure appointment 
of specialists in the content and grade levels of 
the areas for which textbooks are to be adopted. 

(c) The Committees, using the evaluation 
forms developed by the Curriculum Re\iew 
Committee and their training and experience, as- 
sists the Te.xtbook Commission in the evaluation 
of textbooks presented for adoption. Before be- 
ginning to evaluate textbooks, each member of 
the regional committee shall participate in a 
comprehensive orientation and training session 
approved by the Superintendent of Public In- 
struction and the chainnan of the Textbook 
Commission and presented under the direction 
of the Superintendent. 

(d) liach regional committee, under the direc- 
tion of a member of the Textbook Commission 
assigned by the Chairman of the Textbook 
Commission, shall meet and evaluate the text- 
books presented for adoption. Following these 
regional meetings, the Chairman of the Textbook 
Commission will assign members of the regional 
committees to subject area committees. These 
committees, using the criteria and forms devel- 
oped by the Curriculum Review Committee and 
approved by the SBE, shall meet, discuss and 
formalize their recommendations to the Text- 
book Commission. 

(c) The Superintendent will assign to members 
of the Department the responsibility of assisting 
the regional committees in the performance of 
their duties. 

(f) Members of the regional committees shall 
perform all of their prescribed duties between 
.lune 1 5 and August 1 of each year at times and 



places designated by the Chairman of the Text- 
book Commission. .Members of the committees 
who are not under contract with a local school 
administrative unit for the period between June 
15 and August 1 shall receive a salary of one 
hundred dollars ($100.00) per day for not more 
than ten days, plus reimbursement for travel and 
subsistence expenses as allowed for state em- 
ployees. Committee members who are under 
contract with a local school administrative unit 
between June 1 5 and August 1 , are employed by 
the Department of Public Instruction, or arc 
employed by another state agency, will receive 
their regular salaries and will be reimbursed for 
travel and subsistence expenses only. 

Statutory Authority G.S. II5C-89. 

.0207 TEXTBOOK COMMISSION 

(a) Members of the Textbook Commission are 
appointed according to the provisions of G.S. 
115C-87. In recommending persons for ap- 
pointment to the Commission, the Superinten- 
dent of Public Instruction is requested to 
recommend and the Governor is requested to 
approve the appointment of at least on member 
from each of the eiglit educational districts of the 
state. 

(b) The duties of the Te.xtbook Commission 
are contained m G.S. 115C-88 and 115C-89. 
Commission members shall make recommen- 
dations for each textbook presented for adoption 
based on the requirements of the call letter for 
the textbook as appro\ed by the SBE. The SBE 
shall prescribe the format for the Commission's 
recommendations to the SBE for adoption of 
textbooks. The Superintendent of Public In- 
struction will assign to members of the Depart- 
ment responsibility for assisting the Textbook 
Commission in the performance of its duties. 

(c) Before beginning to evaluate textbooks, 
commission members shall participate in an ori- 
entation and training session planned by the 
Chairman of the SBE and the Superintendent 
and presented under the direction of the Super- 
intendent. Ihe Superintendent shall hold the 
orientation session as soon as possible after the 
appointment of new members to the Commis- 
sion or after changes in the statutes and regu- 
lations relating to textbook adoptions. 

(d) As prescribed in Rule .0206 of tliis Section, 
the Textbook Commission appoints the mem- 
bers of the Regional Textbook Evaluation Advi- 
sor,' Committees and directs them in the 
performance of their duties. 

(e) The Commission may meet with represen- 
tatives of publishers to discuss the Commission's 
plans and procedures for adoption of textbooks. 



NORTH CAROLINA REGISTER 



261 



PROPOSED RULES 



At no time may the Commission or any of its 
members meet pri\ately with any publisher's 
representative. 

Stalulory Authority G.S. II5C-89. 

.0208 IKXTBOOK COMPANY RKCISIKR 

(a) In accordanee with G.S. 115C-94. the Su- 
perintendent of Public Instruction shall maintain 
a register of all publishers who submit books for 
adoption by the SBC The Superintendent shall 
prescribe the information required for registra- 
tion. 

(b) Only registered companies wiJJ receive no- 
tice of proposed textbook adoptions by the SBE. 

(c) The Supcrmtendent shall remove from the 
Textbook Company Register any publisher 
whose representatives attempt to exercise undue 
pressure of any kind to adopt its books upon a 
member of the Textbook Commission, the Re- 
gional Textbook Evaluation Advisor)- Commit- 
tees, the Curriculum Review Committee, or the 
Department. 

(d) The SBl: shall direct the Superintendent of 
Public Instruction to remove from the Textbook 
Company Register any publisher whose repre- 
sentatives attempt to exercise undue pressure of 
any fomi upon a member of the SBE to adopt 
its books. 

Statuton Authority G.S. I15C-S9. 

.020') KF.QL KSTS lOR TK.XTBOOKS AND 
CONTRACTS 

(a) I'pon approval by the SBE, the Depart- 
ment will send a request for textbooks, together 
with a proposed contract, to all publishers listed 
in the Textbook Company Register, ret^uesting 
the submission of textbooks that conform to the 
requirements specified in the request and the 
proposed contract. 

(b) The SBE will adopt textbooks and award 
contracts based on the following criteria: 

recommendations of the Textbook Com- 
mission; 

conformity with the request for the text- 
books and the proposed contract: 
confomiity with the Standard Course of 
Study and Competency Based Curric- 
ulum; 
price: and 
the needs of the public schools. 

(c) The SBE reserves the right to reject any and 
all textbooks for any reason it deems sufficient. 

(d) Each publisher that is awarded a contract 
must file a performance bond. The Supennten- 
dent of Public Instruction shall detemiine the 



(1) 
(2) 
(3) 



(4) 
(5) 



amount of the bond based on the costs of the 
textbooks, the publisher's past performances, and 
such other factors as the Superintendent deter- 
mines to be relevant. 

Statutory Authority G.S. 115C-89. 

.0210 DISPOSITION OF OLD TEXTBOOKS 
LEAs vviU dispose of old textbooks as follows: 

(1) LEAs may not give textbooks replaced by 
a new adoption to any person, firm, or cor- 
poration. 

(2) The LEA may use these textbooks as sup- 
plementary material. 

(3) The LEA may sell these textbooks only for 
scrap paper and it must remit the proceeds 
of the Department. 

Statutory Authority G.S. H5C-89. 



IIILE 21 



OCCUPATIONAL LICENSING 
BOARD 



No 



' otice i.s hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Board of Phys- 
ical Therapy Examiners intends to amend rule(s) 
cited as 21 NCAC 48A .0005; 21 S'CAC 4SB 
.0002 - .0003: 21 NCAC 4SC .0101; 21 NCAC 
48D .0008; 21 NCAC 48E .0104, .0110; 21 
NCAC 4SF .0002; 21 NCAC 4SG .0203. 

1 he proposed effective date of this action is Oc- 
tober 1, 1989. 

1 he public hearing will be conducted at 11:00 
a.m. on June 29, 1989 at 900 Ridgefield Drix'e, 
Suite 250. Raleigh, NC 27609. 



Co 



ommcnt Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of the hearing 
will be open for receipt of written comments from 
May 29. 1989. to 5:00 p.m. on .lune 28, 'l9S9. 
Such written comments must be delti'ered or 
mailed to Constance Peake, N.C. Board of Phys- 
ical Therapy Examiners, 2426 Tryon Road, 
Durham, NC 27705. 

CHAPTER 48 - BOARD OF PHYSICAL 
THERAPY EXAMINERS 

SUBCHAPTER 48A - ORGANIZATION 

.0005 DEFINITIONS 

The follo\\ing definitions and the definitions in 
G.S. 90-270.24 will apply througliout Chapter 
48: 



262 



AORTH CAROLINA REGISTER 



PROPOSED RULES 



(1) "Education programs" means accredited 
physical therapy programs and accredited 
physical therapist assistant programs. 

(2) Reserved. 

(3) "Graduated" or "graduation" means the 
completion of all requirements, including 
clinical experience, from an accredited pro- 
gram for physical therapists or physical 
therapist assistants. If an educational pro- 
gram certifies that the degree is assured and 
will be conferred at a later date, an applicant 
will be considered to have been graduated. 

(4) Reserved. 

(5) "PES" moano Ae Professional Examina 
tieft SoP i ico. Rcscr\'cd. 

(6) Reserved. 

(7) "PT exam" means t4*e a board approved 
licensing examination for physical therapists. 

(8) Reserved. 

(9) "PTA exam" means tfee a board approved 
hcensing examination for physical therapist 
assistants. 

(10) Reserved. 

(11) "PT graduate" or "PTA graduate" refers 
to a person who has apphed to the Board for 
licensure within six months of graduation 
and has received authorization from the 
Board to perform as a physical therapist or 
a physical therapist assistant under the re- 
quired supervision. 

(12) Reserved. 

(13) "Recent graduate" means a person who 
has been graduated from an educational 
program for six months or less. 

(14) Reserved. 

Statutory Authority G.S. 90-270.24; 90-270.26; 
90-270.31. 

SUBCHAPTKR 48B - TYPES OF LICENSES 

.0002 LICENSES BY ENDORSEMENT 

(b) Examination Required. Only those per- 
sons initially licensed in another state by virtue 
of examination will be considered for endorse- 
ment. Only the following examinations will be 
considered: 

(1) Eor Physical Therapists: 

(A) Therapists licensed on the basis of ^tv^ 
PES a PT exam must present scores on it 
that meet the North Carolina passing 
level. If adequate scores and information 
are not available from the other state, the 
Board may ask the applicant to have his 
scores issued tlirough the lnter ' . . tatc? R«- 
porting Scnico ef t4*t» PI S, 47-^ Ris'orcid e 
Drive, New \"orii:, N e w ^'ork 101 15. ap- 
propriate testing scr\'ice. If scores on one 



or two parts of the examination are un- 
satisfactory, the part or parts must be re- 
peated. If the total score or three parts 
are failed, the entire examination must be 
repeated. The cost of repeating the ex- 
amination will be paid by the applicant. 

(B) If licensed in another state by an ex- 
amination compiled by that Board, the 
applicant must supply information for the 
Board to attempt to obtain the examina- 
tion in order to detennine if it was sub- 
stantially equal to the examination 
required by North Carolina at that time. 
If it carmot be determined that the exam- 
ination was equal to the North Carolina 
examination or if the scores received on 
an acceptable examination did not meet 
the North Carolina passing requirement, 
the appUcant must take the PT exam. 
The cost of the examination will be paid 
by the applicant. 

(C) A physical therapist currently Licensed 
in another state whose license in that state 
was granted on the basis of the American 
Registry of Physical Therapists Examina- 
tion will be considered for endorsement. 

(D) If a foreign-trained physical therapist 
was licensed in another state on the basis 
of the American Physical Therapy Asso- 
ciation's examination for foreign-trained 
physical therapists, this examination will 
be considered for endorsement. 

(2) For Physical Therapist Assistants. Only 
those physical therapist assistants licensed 
in another state by the P6S- a PTA exam 
will be considered for endorsement. The 
examination score must meet the North 
Carolina passing level. If not, the appli- 
cant will be required to repeat the exam- 
ination and win pay the cost of the 
examination. 



Statutory Authority 

90-270.3/ (b); 90-270.33. 



G.S. 



90-270.26; 



.0003 LICENSES BY EXAMINATION 

(c) Examination Taken in yVnother State. 
Applicants not previously licensed who take the 
l4^ a PT exam or the 44^ a PTA exam in an- 
other state may be considered for licensure in 
North Carolina by providing scores that meet the 
North CaroUna passing level. All other require- 
ments for North Carolina licensure in effect at 
the time of apphcation must be met. 

Statuton' Authority G.S. 90-270.26; 90-270.29; 
90-270.30. 



NORTH CAROLINA REGISTER 



263 



PROPOSED RULES 



SLBCHAl'TKR 48C - S( OI'K Ol PHYSICAL 
niERAI'Y PKACIFCE 

SECTION .0100 - EXAMINING COMMH lEE 
Ol I'UVSICAI. niKRAI'ISTS 

.0101 PKRMII IKID PRACTICE 

(d) The practice of physical therap\- is the ap- 
plication of a broad range of e\aluation and 
treatment procedures related to ahnonnality of 
human sensorimotor performance. It includes, 
but is not limited to, tests of joint motion, mus- 
cle length and strength, posture and gait, limb 
length and circumference, acti\ities of daily liv- 
ing, pulmonary function, cardio-\"ascular func- 
tion, ner\e and muscle, electrical properties, 
orthotic and prosthetic fit and function, sensation 
and sensory perception, reflexes and muscle tone, 
and sensorimotor and other skilled performances; 
treatment procedures such as hydrotherapy, 
shortwave or microwave diathermy, ultrasound, 
infra-red and ultraviolet radiation, cold, 
cr\'otherap\', electrical stimulation including 
transcutaneous electrical neuromuscular stimu- 
lation, massage. debridement, intermittent 
vascular compression, iontophoresis, machine 
and manual traction of the cervical and lumbar 
spine, joint mobilization, machine and manual 
therapeutic exercise including isokinetics and 
biofeedback, and training in the use of orthotic, 
prosthetic and other assistive devices including 
crutches, canes and wheelchairs. 

Statutory Authority G.S. 90-270.24: 90-270.26. 

SUBCHAPTER 48D - EXAMINATIONS 

.0008 LICENSED PERSONS TAKING THE 
EXAMINATION 

If a physical therapist who is already licensed in 
the state by means other than A*» PES- a PT 
exam desires to take this exammution. a FT 
exam, he may do so at the current cost of the 
exammation pro\'iding he sends a written request 
to the executive secretary stating his reason for 
wanting to take the examination. 

Statutory .-iuthonty G.S. 90-270.26. 

SLBCHAPTER 48E - APPLICATION FOR 
I ICENSl RE 

SECnON .0100 - KKQLIKKMLNIS 

.0104 EXAMINATION SCORES 

Persons seeking licensure by endorsement must 
have their examination scores sent to the execu- 
tive secretary by a state of endorsement, by the 
state in which the examination was taken, or by 
report from the Intor '. tato RL'porting S e nic e . 



appropriate testing ser\'ice. The scores may must 
be on a licun '. mg board fonn bearing the official 
signature and seal of A€tt- the reporting Board. 



Statutory Authority 

90-270.31 (b). 



G.S. 



90-270.26: 



.0110 FOREIGN-TRAINED PHYSICAL 
THERAPISTS 

(b) Supporting Documents. In addition to the 
other requirements of this Section and G.S. 
90-270.30, each foreign-trained applicant must 
submit the following; 



(1) 



(2) 



If the applicant has been graduated from 
a physical therapy educational program, a 
certification of physical therapy education 
is to be submitted directly to the Board. 

If the applicant does not meet the re- 
quirements of (b)(1) of this Rule, the 
Board will examine the applicant's educa- 
tional background to determine if the 
general college and professional instruc- 
tion is substantially equivalent to that of 
a L'nited States physical therapy educa- 
tion program. At a minimum, a4- loact 120 
semester hours of college education is re- 
quired, which includes a minimum of 57 
semester hours of professional cumculum, 
including basic health sciences, clinical 
sciences and clinical education. It is the 
responsibility of the applicant to m.ake 
arrangements with a credentialing service 
acceptable to the Board to have the cre- 
dentials evaluated. The Board will make 
its own review of applicant's educational 
program and is not bound by the findings 
of the credentialing service. 

Proof acceptable to the Board that a 
minimum score of 230 has been obtained 
on the ISE (Test of Spoken English) ex- 
amination or that English is the appli- 
cant's native language. 



Statutory' Authority G.S. 90-270.26; 90-270.29; 
90-2''0.30; 90-27031. 

SLBCHAP1ER 48F - CERTIFICATES: FEES: 
INVESTIGATIONS: RECORD OF LICENSEES 



(3) 



.0002 

(a) 
Board; 

(4) 



(5) 



FEES 

The following fees are charged by the 

penalty for late renewal, teft dollars 
(SI 0.00) twentN- dollars (S20.00) plus re- 
newal fee; 

revival of license lapsed less than five 
years, teft dollars ($10.00) twent\'-fi\'e 
dollars (S25.00) plus renewal fee; 



264 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutor)' Authority G.S. 25-3.5/2; 90-270.33. 
SUBCHAPTER 48G - RETENTION OF LICENSE 
SECTION .0200 - LAPSED LICENSES 

.0203 REVIVAL OF LAPSED LICENSE 

The following methods may be used to revive a 
license: 

(1) A license that has lapsed less than five years 
may be revi\'cd by payment of the rc\'i\'al 
of lapsed license fee and the current year's 
renewal fee and by completion of the revival 
form. 

(2) A license that has lapsed more than five 
years may be revived by payment of the ap- 
plication fee, completion of the application 
forms, and: 

(a) passing the "PT exam'' (if trained as a 
ph>sical therapist) or the "PTA exam" (if 
trained as a physical therapist assistant); 

(b) satisfactorily completing at least 500 hou'-<; 
of clinical work within a period of time 
not to exceed six months while working 
as an aide under the super\'ision of a h- 
censed physical therapist, providing the 
Board authorizes the training and the 
supervising physical therapist accounts for 
the 500 hours; or 

(c) endorsement of a current license in another 

state as provided by Subchapter 48 B Rule 
.0002 of this Chapter. 



Co 



Statutory .Authoritv G.S. 
90-270.33. 



90-270.26: 90-270.32; 



TITLE 25 - OFFICE OE ST.ATE 
PERSONNEL 

lyotice is hereby gi\-en in accordance with G.S. 
I50B-I2 that the State Personnel Office.' State 
Personnel Commission intends to adopt nde(s) 
cited as 25 NCAC I A .0005; IB .0435; IC .02/5; 
ID .0910: and IK .0311-.0324: amend mleCs) 
cited as 25 NCAC ID .0302, .0402, .0904, .0905; 
IE .0705. .0707, .0709; and l\ .0004; repeal 
rulefs) cited as 25 NCAC IK .030 1 -.03 10. 

1 he proposed effective date of this action is 
September I, 1989. 

1 he public hearing will be conducted at 9:00 
a.m. on June 15, 1989 at Personnel De\-elopment 
Center, 101 W. Peace Street, Raleigh, N. C. 
27611. 



comment Procedures: Interested persons may 
present statements orally or in writing at the 
hearing or in writing prior to the hearing by mail 
addressed to: Drake Maynard, OSP, 116 IV. 
Jones Street, Raleigh, North Carolina 2761 1. 

CHAPTER I - OFFICE OF STATE PERSONNEL 
SLBCHAPTER lA - GENERAL PROVISIONS 

.0005 EQUALIZATION OF BENEFITS 

The State Personnel Director shall investigate 
any situation in which any individual state em- 
ployee or any group of state employees in one 
or more job classifications, employed by any 
state agency or university, receives through legis- 
lative action more beneficial compensation, ben- 
efits or working conditions than other similarly 
situated state employees. The Personnel Direc- 
tor, upon a fmding that such preferential treat- 
ment has created inequities among similarly 
situated state employees, may authorize the em- 
ploying units, subject to the availability of funds, 
to provide the higher level of compensation, 
benefits or working conditions to those employ- 
ees similarly situated but not covered by the leg- 
islative action. 

Statutory Authority G.S. 126-4. 

SUBCHAPTER IB -STATE PERSONNEL 
COM.MISSION 

SECTION .0400 - APPEAL TO COMMISSION 

.0435 RECOV ERY OF SUBJECT POSITIONS 
IMPROPERLY REMOV ED FROM 
SYSTEM 

(a) All state positions and the employees who 
occupy those positions are subject to G.S. 
Chapter 126 (State Personnel Act, the Act), un- 
less specifically exempted from all or some parts 
of the Act by the Act itself or by subsequent 
legislation. Only the General Assembly has the 
authority to designate, through legislation, whole 
or partial exemptions from the Act. Any ex- 
pansion of these exemptions or the creation of 
new exemptions by any department, agency, in- 
stitution, uni\ersity, board or commission with- 
out specific statutory authority is invalid and 
shall be corrected, under the provisions of this 
Rule, upon discovery. (As used throughout this 
Rule, the term "exempt" or "exemption" shall 
refer to exemption from coverage of G.S. 126 and 
the rules, policies and programs promulgated 
under it by the State Personnel Commission. 
The term "subject" shall mean subject to cover- 
age of G.S. 126 and the rules, policies and pro- 



NORTH CAROLINA REGISTER 



265 



PROPOSED RULES 



grams promulgated under it by the State 
Personnel Commission.) 

(b) Subject positions which have been removed 
from coverage of the Act without specific statu- 
tory authority and improperly treated as exempt 
from the Act must be considered to have always 
been subject to the Act. \\licn such positions 
are identified, they shall be classified and brought 
into the state personnel system under the Act 
retroactive to the date that such positions were 
improperly removed from coverage of the Act. 

(c) In the event that employees occupying such 
positions ha\e been denied the correct pay, ben- 
efits and rights to which they were entitled as 
subject employees under the Act, it shall be the 
responsibility of the employing department, 
agency, institution, uni%'ersity, board or commis- 
sion to make the employee whole for any losses 
the cmploN ce sufiered as a result of the improper 
exemption of the employee's position. 

(d) Since the primary concern in this area is 
with the current employee, the implementation 
of this remedy shall be made for the current em 
ployce of the improperly exempted position. 
The remedy for this problem is not to be con- 
sidered a change from exempt to subject status 
since the position was never legally exempted. 
In regard to personnel records, tliis will involve 
the execution of the appropriate fonns to remo\e 
the improper exemption and establish the correct 
subject classification and pay. 

(e) The employing department, agency, uni- 
versity, board or commission shall reconstruct 
the employment history of any employee so af- 
fected by an improper exemption as though the 
position and the employee had been origmally 
estabhshed as subject. This reconstruction shall 
be retroactive to the date of the improper exempt 
designation and shall carry forward to the pres- 
ent, applying all appropriate legislative increases, 
merit increases and longevity pay for subject 
employees. 

(1) If the employee would have had greater 
salary earnings in a subject capacity, then 
the employee shall be entitled to such 
back pay as is provided by this Section. 

(2) If the employee would have received lon- 
ge\ity pay in a subject capacity, then the 
employee shall be entitled to payment for 
longe\ity, retroacti\e to the time he would 
first have been eligible for such payments, 
in accordance with 25 NCAC, Subchapter 
ID, Section .1200. 

(3) If the employee would have had a higher 
current salary, except for the improper 
exemption, then the appropriate person- 
nel action and forms shall be fded estab- 
lishing the hiaher salar\'. 



(4) There shall be an appropriate adjustment 
in the employee's vacation and sick leave 
balance if necessary to bring it in compli- 
ance with Subchapter IE, Sections .0200 
and .0300 of this Chapter. 

(5) Where such improper exemption shall 
have resulted in overpayment to the em- 
ployee, repayment by the employee shall 
not be required. However, the employing 
department, agency, university, board or 
commission shaU be responsible for mak- 
ing salary reductions where needed to 
place such employees within the appro- 
priate salary range for the class to which 
the position is now assigned. 

Statutory Authoritv G.S. 126-4 (Ij. (2), (3), 
(5), (6), (10): 126-5. 

SI BCH AFTER IC - PERSONNEL 
.\DMINlSTR.\TION 

SECTION .0200 - GENERAL EMPLOYMENT 
POLICIES 

.0215 EMPLOYMENT CONTRACTS 

(a) No person shall be required, as a condition 
of employment subject to N.C.G.S. Chapter 126 
to enter into a contractual arrangement with any 
state agency or university for employment with 
that agency or university. 

(b) No state agency or university may require, 
as a condition of employment, that a person 
agree, in writing or otherwise, to a minimum 
specified length of employment. 

(c) No state agency may prohibit, as a condi- 
tion of initial or continued employment, any 
person from transfemng to another state agency 
or university. 

(d) No state agency or university may require, 
as a condition of employment, that a person 
agree, in writing or otherwise, that a payment be 
made to the emplo\ing agency if a minimum 
specified period of employment is not met. 

(e) No agency may require the repayment of 
the cost of job training required by the employ- 
ing agency as a condition of continued employ- 
ment. 

(f) Any such contract existing on the effective 
date of this Rule, or entered into on or after the 
effective date of this Rule shall be null and void, 
and without legal effect. 

Statutoi-y Authority G.S. J 26-4. 

SLBCHAPTER ID - COMPENS.\TION 

SECTION .0300 - PRO.MOTION 



266 



NORTH CAR OLL\A R EG IS TER 



PROPOSED RULES 



.0302 SALARY RAIK 

The purpose of a promotional pay increase is 
to reward the employee for the assumption of 
duties more responsible and more difficult than 
those in the current position. The primary factor 
detcnnining the amount of increase is the relative 
difference in difficulty and responsibility between 
the present and new positions. Since promo- 
tional increases result in permanent change to 
basic s;tlar>', a promotional increase of more than 
two steps cannot be justified as an offset to tem- 
porary' costs of promotion, such as relocation 
expenses. 

(1) Permanent Promotion: 

(a) The salary shall be increased to step one 
or by one step whichever is larger. The 
majumum of the higher class shall not be 
exceeded. Exceptions: When an em- 
ployee is demoted with no change in sal- 
ary and subsequently promoted back to 
the same level within one year, the salary 
shaU remain unchanged and treated as if 
the demotion had not occurred; if the 
employee's salary is above the ma.ximum 
as a result of a reallocation down, no in- 
crease may be given but the salary may 
remain above the maximum. 

(i) If a probationary employee is promoted 
and the salars' is at the hiring rate, the 
salary must be increased to the hiring rate 
of the grade to which promoted until the 
employee is eligible for permanent ap- 
pointment. 

(ii) If the employee is to receive a perform- 
ance salary' increase on the same date as 
the promotion, the increase may be given 
before the promotional increase. 

(b) The salary may be increased by one and 
one-half steps or two steps. 

(c) If the agency finds it necessary and equi- 
table to consider a larger increase for a 
promotion involving a three or more 
grade level change, a salary increase of 
more than two steps may be requested. 
Some factors to be considered are: nature 
and magnitude of the change in jobs; 
available applicants; special or technical 
expertise required; and previous training 
and experience. Such requests may be 
made provided: 

(i) The agency head accepts accountability 
for the decision of the amount to grant 
and will provide written documentation 
giving reasons and justification for the re- 
quests. 

(ii) Salary inequities are not created within 
the work unit or program. 



(d) WTien a promotion also results in a trans- 
fer for the convenience of the slate, see 25 
NCAC \D .0910, Special Provisions tor 
Employees Transferred for the (Conven- 
ience of the state. 

Statutory Authority G.S. 126-4. 

SECTION .0400 - DEMOTION 

.0402 SALARY RATE 

(c) When a reassignment al.so results in a 
transfer for the convenience of the state, see 25 
NCAC jJD .OQIO, Special Provisions for Em- 
ployees I'ransfcrred for the Convenience of the 
state. 

Statutory Authority G.S. 126-4. 

SECTION .0900 - TRANSFER 

.0904 SALARY R.ATE: PERFORMANCE 
INCREASE ANNIVERSARY D.VLE 

(a) If an employee transfers to a position hav- 
ing the same salary grade, the salary shall remain 
unchanged. (I-'xception: The salary may be re- 
duced if there is a lack of sufficient funds or if it 
results in the creation ot a serious internal salary 
inequity.) tf the oalary' is at step- »«e ef t' . ' . o, the 
incroa '. L' anni' . orr . ary tktte ohuU remain »ft- 
ohangL'd. Employoor . at step throo aft4 abo' . 'o de- 
ftet hii' i 'L* Lmni' i 'orriarf duteo. 

(c) If the transfer is to a lower class and results 
in a demotion or reassignment, the pohcies on 
demotion /reassignment apply. 

(d) Eor provisions relating to transfer of em- 
ployees for the convenience of the state, see 25 
NCAC ID .0910, ''Special Provisions for Em- 
ployees transferred for Convenience of the 
state." 

Statutory Authority G.S. J 26-4. 

.0905 BENEFITS AND RECORDS 
TR.^NSFERRED 

(a) When an employee transfers to another 
agency, all unused sick and vacation leave afe 
tranf i fc ' iTc'd as weW as tunc earned tovHard the nctt 
perfonnanoo incroaGO. shall be transferred. If the 
employee transfers to an exempt position in 
which leave will not be earned credited the same 
as employees subject to the Personnel Act, ac- 
cumulated vacation leave shall be paid for in a 
lump sum. Accumulated sick leave will be 
transferred. 

(b) The personnel file, as defined by G.S. 
126-22, shall be transferred to the recei\'ing 
aizency. 



NORTH CAROLINA REGISTER 



267 



PROPOSED RULES 



Statutory Authority G.S. 126-4; 126-22. 

.0910 SPKCIAL PROVISIONS FOR 

EMPLOVEtS TRANSFERRED FOR 
CONVENIENCE OF STATE 

(a) The state recognizes that relocation of an 
employee is often necessary to serve the best in- 
terests of state government. In order to most 
effectively utilize the capabilities of each em- 
ployee and to staff all positions with qualified 
persons, the transfer of employees may be neces- 
sary. 

(b) When transfer is made for the convenience 
of the state to a new duty station 35 miles or 
more away from the employee's existing resi- 
dence, the employee becomes eligible for consid- 
eration for reimbursement of moving expenses if 
the employee chooses to change place of resi- 
dence. (See also 25 NCAC IE .1004, LEAVE: 
EMPLOYEE TRANSFER) Under such cir- 
cumstances it is the policy of the state to allow a 
salary increase and to grant leave with pay to the 
employee for a reasonable amount of time re- 
quired to locate a new residence, and to accom- 
plish the relocation to that new residence. 

(c) Salary Increase: 

(1) When the transfer is to a position having 
the same salar>' grade, the agency head 
may request a salaiy increase of one or 
two steps, but not to exceed the maxi- 
mum of the range. 

(2) When the transfer is to a position having 
a higher salar)' grade, the agency head may 
request a salary increase of one or two 
steps above the amount justified by the 
promotional policy, but not to exceed the 
maximum of the range. 

(3) When the transfer is to a position having 
a lower salary grade, the salary may re- 
main unchanged or the agency head may 
request a salary increase of one or two 
steps, provided that in cither case, the 
salary is no more than two steps above the 
maximum of the lower range. 

(d) Leave with Pay for Time to Locate New 
Residence. It is desirable that an employee make 
a decision on permanent Living arrangements 
prior to the time of transfer to the new duty sta- 
tion. Leave with pay may be granted up to a 
maximum of three trips of three days each to lo- 
cate a new residence. The agency shall consider 
the employee's effort being exerted, and progress 
made, in order to determine if three trips are 
necessary. 

(e) Leave With Pay When Moving to New 
Residence. Leave with pay shall be granted for 
two days when the employee moves household 
and personal goods from the old residence to the 



new one. The agency may grant additional days 
of leave with pay if the distance between old and 
new duty stations warrants this, or if other un- 
controllable factors require a longer period of 
time. 

Statutory Authority G.S. 126-4. 

SUBCHAPTER IE - EMPLOYEE BENEFITS 

SECTION .0700 - WORKER'S COMPENSATION 
LEAVE 

.0705 ADMINISTRATION 

(b) The Office of State Persormel through its 
Employee Safety and Health Division is respon- 
sible for providing assistance to agency persormel 
in managing their workers' compensation pro- 
grams and insuring that all agencies provide 
consistent application of coverage and compen- 
sation to injured employees. This office also 
provides the agencies with the State Go\emment 
Workers' Compensation Program .Manual which 
IS an operational manual used as a guide in 
processing w'orkers' compensation claims. 

Statutory Authority G.S. 126-4. 

.0707 USE OF LEAVE 

(a) The Workers' Compensation law provides 
medical benefits and disabilitv compensation in- 
cluding a weekly compensation benefit up to 66 
2/3 percent of the employee's average weekly 
earnings up to a maximum established by the 
Industrial Commission each year. When an 
employee is injured, he »-sl*e must go on workers' 
compensation leave and receive workers' com- 
pensation weekly benefit after the required wait- 
ing period required by G.S. 97-28. One of the 
following options may be chosen: 

(f) Employee Refusal of Coverage: Under 
certain circumstances an employee may elect to 
refuse workers' compensation benefits. If an 
employee refuses workers' compensation benefits 
for injuries resulting from an on the job injury a 
release statement, pro\ided by the agency, must 
be signed by the employee. Unless there is a 
signed release statement an employee who loses 
time from work as a result of an on the job injury 
must be placed under the workers' compensation 
leave policy. 

Statutory Authority G.S. 97-28; 126-4. 

.0709 RETURN TO WORK 

(c) Vocational Rehabilitation Assistance. In 
some cases the extent of disability may be 
such that vocational rehabilitation will be 
necessary. If so, the agency will be re- 



268 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



sponsible for making the necessary ar- 
rangements with the North Carolina 
Di\ision of Vocational Rehabilitation for 
such training which may be necessary to 
assist the employee to obtain suitable 
employment consistent with his perform- 
ance capabilities. 

Statutory Authority G.S. 126-4. 

SLBCHAPTFR IK - PERSONNEL TRAINING 



SECTION .0300 



EDI CATIONAL ASSISTANCE 
PROGRAM 



.0301 PURPOSE (REPEALED) 

.0302 ELIGIBILITY (REPEALED) 

.0303 APPRO\ ED COURSES (REPEALED) 

.0304 APPRONED IIOI RS (REPEALED) 

.0305 TRA\ EL (REPEALED) 

.0306 TUITION ASSISTANCE (REPEALED) 

.0307 APPLICATION PROCEDURES 

(REPEALED) 
.0.^08 TAX STATUS (REPEALED) 
.0309 ADMINISTR.\TIVE RESPONSIBILITY 

(REPEALED) 
.0310 EXTENDED EDUC.\TIONAL LEAVE 

(REPEALED) 

Statutory! Authority G.S. 126-4. 

.0311 PURPOSE 

The purpose of the educational assistance pro- 
gram is for workforce planning and development. 
The educational assistance program provides 
management with a means to support educa- 
tional actnities which are deemed beneficial to 
both the agency/university and employee, and 
which serve to develop the employee's know- 
ledge, skills and abilities directly related to their 
current classification on the classification series 
in which they are working. The educational as- 
sistance program pro\ides reimbursement of ac- 
ademic costs if funds are available at the 
agency/university level, and/or time off the job if 
the course is available only during working 
hours. 

Statutory Authority G.S. 126-4. 

.0312 ELIGIBILITY 

(a) Eligible Employees. Eull-time or part-time 
employees who have gained pennanent status are 
eligible for this program. Trainees may be de- 
tennined as ehgible by management after satis- 
factory' performance for a period of not less than 
three months. 

(b) Inehgible Employees. Employees in tem- 
poran,' and probationarv' status or who do not 
meet the minimum educational requirements for 



the job are not eligible for educational assistance. 
Work-study requirements for trainees shall be 
administered in accordance with the extended 
educational leave policy. 

(c) Eligible Sources. Any accredited high 
school, business school, community college, 
technical institute, college, university, corre- 
spondence school or other educational source 
approved by the State Personnel Director is eli- 
gible for selection. 

(d) Academic courses which are audited are el- 
igible for educational assistance; however, an 
employee may be reimbursed for the same course 
or course equivalent only once. Reimbursement 
requires a statement written on school letterhead 
and signed by the instructor that the employee 
attended at least 85 percent of the scheduled class 
meetings during the academic term. 

Statutory Authority G.S. 126-4. 

.0313 APPROVED COURSES 

The determination, by management, whether to 
provide assistance to take a specific course, is 
based on the principle: "Deemed beneficial to 
both the agency;'uni\'ersity and the employee's 
knowledge, skiUs and abilities to do the job". 
Examples of this are courses which are offered 
at the junior college, undergraduate, or graduate 
level such as the following: 

(1) Courses which provide knowledge and skills 
directly related to maintaining or improving 
current job skills ("current job" means same 
status and pay); courses mandated by law 
or regulation or which are required by the 
employer in order for the employee to retain 
the job; 

(2) Courses directly related to the profession in 
which the employee is currently working, 
current classification or classification series, 
other than course for incumbent employees 
who do not meet the minimum educational 
and experience requirements for the job; 

(3) Courses included in an academic program 
directly related to the job or current classi- 
fication or classification series, and which are 
necessar>' to complete a degree program 
other than courses for incumbent employees 
who do not meet the minimum educational 
and experience requirements for the job. 

Assistance should not be granted in cases where 
management has determined that neither the 
course, nor the degree pursued, is of sufficient 
benefit to the agency, uni\crsity. Exceptions to 
the approved courses policy shall be approved 
by the agency /university head or their designee. 

Statutory Authority G.S. 126-4. 



NORTH CAROLINA REGLSTER 



269 



PROPOSED RULES 



.0314 FDl CATIONAI. I.K.W R 

.\n approNcd course should be taken on the 
employees own time. If a course can be taken 
only during working hours, eligible employees 
must request lea\e pnor to the beginnmg of the 
course allowing sufficient time for the normal 
appro\'al process. Iiducational leave during work 
hours may be approved not to exceed one course 
per academic tenn (a semester, quarter or sum- 
mer session] up to five semester hours or ciglit 
quarter hours credit. (Use class laboratory con- 
tact hours per \\'cek to compute equivalency.) 
Reasonable tra\"el time as detennincd by the 
supervisor ma\ be permitted to attend approved 
courses. 

Staiutoij Aulhorhy G.S. 126-4. 

.0315 TIIFSIS/DISSKRTATION RKSF. ARCH 
COIRSKS 

Job-related thesis dissertation research courses 
at the masters doctoral le\el are restricted as fol- 
lows: 

(I J All required written examinations for the 
degree shall be successfully completed before 
the course is approved. 

(2| A maxunum of 15 hours leave may be ap- 
pro\cd for each academic credit hour. AH 
leave hours must be used during the aca- 
demic term and ma\' not be accumulated. 

(3) A maximum total of nine academic credit 
hours is allowed for any one employee. 

Statutoiy Authority G.S. 126-4. 

.0316 ACADEMIC COSTS 

Academic costs are defined as charges assessed 
by an eligible source to ever,' person enrolling for 
the course. These charges must be required of 
cver\"one and are neither negotiable nor discre- 
tionaiA' for the indi\idual enrolling in the course. 
Academic costs include tuition, fees and 
course lab fees. Course lab fees must alwa\'s be 
itemized. Reimbursement of course lab fees may 
require a written statement from the ehgible 
source justifying the fee as a required fee m ad- 
dition to other fees. 

Stalutojy .Authority G.S. 126-4. 

.0317 RKIMIU RSKMENT OF .\CADKM1C 
COSFS 

(a) Eligible employees may be reimbursed aca- 
demic costs charged by the eUgible source at- 
tended (but note the exceptions as listed below): 
(1) L'ni\"crsity of North Carolina institutions. 
100 percent of academic costs for up to 
10 semester hours or 16 quarter hours 



credit per academic term. r:mplo>ees may 
be reimbursed each fiscal year for a maxi- 
mum of 20 semester hours or 32 quarter 
hours credit, but not for more than four 
courses. 

(2) North Carolina CommunitN' Technical 
Colleges (state funded). 100 percent of 
academic costs for all courses per quarter 
up to a maximum of four quarters per 
fiscal year. 

(3j Ail other eligible sources. Up to the 
maximum academic cost charged by in- 
stitutions of the University of North 
Carolina. This amount will be deter- 
mined by the Office of State Personnel 
and published within 10 working days of 
the end of the annual session of the N.C. 
General Assembly. Reimbursement is 
limited to 10 semester hours or 16 quarter 
hours credit per academic term. Em- 
ployees may be reimbursed each fiscal 
year for a ma.ximum of 20 semester hours 
or 32 quarter hours credit, but not for 
more than four courses. 

(b) Exceptions. Graduate professional pro- 
grams (medicine, veterinary' medicine, etc.) with 
unusual course lab fees, tuition or other fees will 
be considered on a course by course basis. 
Agency heads ma\ approve pa\mcnt of these 
academic costs. 

(c) Reimbursement shall not be made for 
charges, other than academic costs, specifically 
related to processing or recei\ing CEUs (contm- 
uing education units). 

(d) Reimbursement shall not be authorized for 
transportation costs, graduation fees, examina- 
tion fees, textbooks and supphes. 

(e) Einancial assistance from any other finan- 
cial aid program shall not be duplicated under 
this program. However, the difference, if any, 
between such aid and the allowable costs under 
the state's plan may be reimbursed. 

(f) \\Tien employees of an educational institu- 
tion or any other state agency are granted free 
tuition, the value of this tuition must be consid- 
ered as part of the allowable academic costs. 

(g) The applicant emplo\'ee shall receive re- 
imbursement of approved academic costs upon 
submitting evidence of satisfactory' completion 
of the course, and documenting academic costs. 
Requests for reimbursement should be submitted 
witliin 30 days of completion of the course. 

(h) If an employee transfers to another state 
agency university, and subsequently completes 
an approved course, the employee should submit 
a request for reimbursement to the employing 
agency university. The employing agency uni- 
versity is responsible for processing the request 



2.70 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



per the provisions of this policy, and providing 
reimbursement if funds are available. Employees 
who sep;irate from state service, except by re- 
duction in force, arc not eligible for reimburse- 
ment. 

Statutory Authority G.S. 126-4. 

.0318 TAXSTATIS 

The U.S. Internal Revenue Service Code speci- 
fies that employer reimbursed educational assist- 
ance is subject to all withholding taxes if the 
reimbursement is for courses which prepare an 
employee to meet minimum job requirements or 
to qualify for a new job. Agencies/universities 
and employees are advised that these rules on 
reiinbursement comply with the IRS Code re- 
garding employee tax liability. To determine 
employee tax liability for reimbursement under 
this program, the agency/university should apply 
the following tests: 

(1) Does the employee meet the minimum ed- 
ucational requirements for the job? 

(a) No. Then the employee is ineligible for 
educational assistance. 

(b) Yes. Then see Subparagraph (2). 

(2) Is the requested coursc(s) a graduate (post- 
baccalaureate) course? 

(a) Yes. Then reimbursement is subject to 
withholding tax and FICA. 

(b) No. Then see Subparagraph (3). 

(3) Is each requested course to maintain or 
improve current job skills or to comply with 
law, regulation, rule or to comply with the 
employer's requirements in order for em- 
ployee to retain his job? 

(a) No. Then reimbursement is subject to 
witliholding and FICA. 

(b) \'es. Then see Subparagraph (4). 

(4) Would completion of the course(s) qualify 
the employee for a new position (change in 
status or pay) or make the employee eUgible 
to take an examination which would qualify 
him for a new position'^ 

(a) "\'es. Then reimbursement is subject to 
withholding and FICA. 

(b) No. Then no taxes are witliheld. 

Statutory! Authority G.S. 126-4. 

.0319 AI'I'I.ICMION I'KOCKDl KES 

(a) To receive Educational Assistance, an em- 
ployee shaU make application with his immediate 
supervisor. The application should include; 
(1) The course title(s), mstitution and lo- 
cation, class schedule, and whether the 
course is for credit or non-credit, or for 
certification/licensing. 



(2) A description of the coursc(s), demon- 
strating how the course(s) meet criteria for 
the approved courses, or for 
certification/licensing. 

(3) The amount of academic cost reimburse- 
ment, specifying tuition and/or fees, and 
any course/lab fees requested. 

(4) A specification of requested time off from 
work for educational leave including all 
travel time. 

(5) If time off from work is requested, a 
statement demonstrating unavailability of 
the course except during work hours. 

(6) Employees applying for educational as- 
sistance should receive a written response 
from management regarding approval 
/disapproval of educational assistance re- 
quests, which notes any changes in the 
application or conditions of approval. 
The response must also indicate whether 
the reimbursement for the course is sub- 
ject to withholding taxes or not. 

(b) The application must be submitted in ad- 
vance in accordance with schedules estabhshed 
by the agency/university to aOow time for ap- 
propriate review, approval and notification of the 
employee. Agency /university heads, or a 

designee, may approve an application received 
after class begins if circumstances warrant. 

Statutory Authority G.S. 126-4. 

.0320 EXCEPTIONAL SITU.\TIONS 

Courses taken at agency/university request and 
courses taken under the Extended Educational 
Leave pohcy require prior written approval of the 
agency/university head or their designee. 

Statutory Authority G.S. 126-4. 

.0321 COURSES TAKEN AT AGENCY/ 
UNIVERSITY REQUEST 

(a) Because of specific high priority skill needs 
of the agency/university, employees may be re- 
quested by management to take specific courses 
or degree programs. Under these circumstances, 
aU limitations under the provisions of this policy 
are waived, except requirements for withholding 
taxes and EICA. All expenses to the individual 
should be reimbursed, to include: transportation 
costs; examinations and administrative fees; text- 
books and other course materials. (/\ny books 
or materials paid for by the agency/university 
become the property of the agency/university.) 

(b) If the hours or number of courses involved 
exceed the limits of the educational assistance 
program, then the situation shaU be administered 



NORTH CAROLINA REGISTER 



271 



PROPOSED RULES 



under the policy provisions for l-.xtcnded Educa- 
tional Lca\e. 
(c) The designation. "At Agency/ University 
Request," can only be determined with the ap- 
proval of the agency/university head (at 
Departmental University level), or designee. 

Slatulotj Authority G.S. 126-4. 

.0322 EXTENDED EDLCATIONAL LEAVE 

(a) State agencies/universities may consider any 
employee (permanent, probationary, or trainee) 
for extended educational lea\e to participate in 
job or career-related work study, scholarship or 
fellowship programs based upon the following 
criteria: 

(1) Verification that both labor market and 
orgamzational needs exist for develop- 
ment in program requested. 

(2) Equal opportunity pro\ided in selection 
of candidate(s). 

(3) Employees are informed of agency uni- 
versity policies and procedures regarding: 

(a) Announcement and application proce- 
dures; 

(b) Screening and selection of employees; 

(c) Limitations and restrictions on training; 

(d) Leave, salary and benefit conditions and 
any withholding taxes and EIC.A; 

(e) Employment agreement. 

(b) Agency university pohcies and procedures 
must be submitted to the Office of State Person- 
nel for re\iew and approval prior to implemen- 
tation or upon subsequent updates and re\isions. 
Requests for extended educational lea\c initiated 
by the emplo\'ee and which do not meet with the 
criteria in this Rule will be administered accord- 
ing to the State Personnel policy on leave with- 
out pay. 

Statutory Authority G.S. 226-4. 

.0323 CERTIFICATION/LICENSING 

(a) Incumbent employees who meet minimum 
educational requirements and for whom 
certification licensing is required after employ- 
ment or is deemed desirable by management and 
approved by the agency/university head or their 
designee are eligible for educational assistance 
under the following conditions: 

(1) certification licensing is mandated by act 
of the General Assembly, or 

(2) certification/licensing is a pohcy require- 
ment of the employing agency university. 

(b) L'ducational leave is authorized for courses 
and examinations required for initial 
certification license and renewal of the 
certification license. Reimbursement is author- 



ized for 100 percent of the academic costs, less 
any applicable withholding taxes and EICA. 

(c) Certification licenses resulting solely from 
attainment of academic degrees shall be consid- 
ered under educational assistance for academic 
course work. 

Statutory Authority G.S. 126-4. 

.0324 ADMINISTRATION RESPONSIBILITY 

(a) 'Lhe Office of State Personnel is responsible 
for the interpretation of this policy. 

(b) Each state agency, department, or univer- 
sity is delegated responsibility for, and authority 
to. administer the program within the provisions 
of this policy. This delegation is contingent on 
the prior submission of a written policy, outlin- 
ing procedures to implement the program, and 
the written approval of the State Personnel Di- 
rector. Any subsequent policy, procedures, or 
practice which either liberalizes or restricts any 
rule in this Section, likewise requires prior written 
approval of the State Personnel Director. State 
Equal Employment Opportunity and /Vlfirmative 
Action policies, procedures and rules in this 
Chapter, including those pertaining to statistical 
data, are applicable to all rules in this Section. 

(c) Each state agency 'uni\ersity is responsible 
for retaining records of educational assistance 
activity. This information shall be reported an- 
nually to the Ofiice of State Personnel upon re- 
quest and shall include the following data: 

(1) Total number of employees participating 
in the Educational .-\ssistance Program; 

(2) Total amount reimbursed; 

(3) Total number of employees granted Edu- 
cational Leave; 

(4) Total number of employees taking courses 
at agency's request; 

(5) Total number of employees granted Ex- 
tended Educational Leave; 

(6) Total number of employees taking audited 
courses; 

(7) Total number of employees taking courses 
for purposes of mandated required 
certification, licensing. 

(d) Statistical information should be kept on a 
fiscal year basis, beginning on July 1 and ending 
on June 30. All information should be available 
to the Office of State Personnel as requested. 

Statutory Authority G.S. 126-4. 

SI BCIIAPTER IN - STALE EMPLOYEES 

WORKPLACE REQL IREMENTS FOR SAFETY 

AND HEALTH POLICY 

.0004 PROGRAM ADMINISTRATION 



777 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) The State Personnel Director is responsible 
througli designated staff for developing, imple- 
menting, and monitoring agency participation in 
programs for miproving workplace safety and 
health. fef providing tochnical af i i i iotanco t» 
ngoncioij afni e ducation fo* oinployoou through 
ti*<* coordinated r e f . ourcQS of A» N.C. Dgpart 
m e nt ef Labor, t4*e Ilwilth SL ' r i 'icoo Di' i ii i ion ef 
t+H* Department &f 1 luman Ror . ouroes, aft4 tfee 
N.C. huluvlrial Cximmiiir . ion. Ihe director will 
establish lines of communication between state 
agencies to refmc and expand the workplace re- 
quirements for safety and health. This is to be 
accomplished by pro\'iding consultative and sup- 
port services through the Hmplovce Safety and 
Health L^i\ision that include: 

( 1) technical assistance in the design and de- 
velopment of agency program as well as 
request for assistance with specialized 
workplace hazards; 

(2) a systematic evaluation and inspection of 
state operations to ensure the identifica- 
tion and control of hazardous workplace 
en\'ironmcnts and unsafe work practices 
which could endanger state employees; 

(3) industrial hygiene services for the smaller 
agencies; 



(4) development of Statewide Fmployee 
Safety and 1 lealth Handbooks descnbing 
the responsibilities of participation by 
employees and outlining the basic rules 
for working salely in state government; 

(5) investigation of work-related fatalities and 
lost workday injuries and illnesses to en- 
sure that agencies have program elements 
in place to control specific hazards; 

(6) training programs for safety and health 
officers through coordinated resources of 
the N^ C Department of I abor, the De- 
partment of Human Resources, and the 
N. C. Industrial Commission; 

(7) a statewide data infonnation service for 
analyzing work-related injuries and ill- 
nesses and their related cost. 

To assist the director, he shall appoint a State 
Steering Committee, to include program staff of 
state agencies who shall recommend program 
changes, goals, and solutions to problems. Any 
additions or significant changes to the adminis- 
trative or workplace requirements procedures will 
occur only after consultation with the State 
Steering Committee. 

Statutoiy Authority G.S. 95-/48; 126-4(5) (10); 
Executh'e Order No. 6. 



NORTH CAROLINA REGISTER 



27 i 



FINAL RULES 



U port request from the adopting agency, the text of rules will be published in this section. 

W hen the text of any adopted rule is identical to the text of that as proposed, adoption of the rule 
will be noted in the "List of Rules Codified" and the text of the adopted rule will not be republished. 

/i dopted mles filed by the Departments of Correction, Rexenue and Tra/isportation are published 
in this section. These departments are not subject to the provisions ofG.S. J50B. Article 2 requiring 
publication of proposed rules. 

NORTH CAROLFSA ADMIMSTRATrV E CODE 

LIST OF RULES CODIFIED 

MAY 1989 



AGENCY 






COLNC IL Ol STAIK 






6 NCAC 1 


.0001 - 


.0006 


2 


.0001 - 


.0004 


3 


.0001 - 
.0004 


.0003 


4 


.0001 - 


.0002 


DKPAKIMI NT OV CORRI C HON 




7 NCAC lA 


.0101 - 


.0102 




.0201 - 


.0205 




.0405 




in 


.0109 






.0201 - 


.0217 


IC 


.0102- 


.0108 




.0201 - 


.0216 


2A 


.0103- 
.0202 


.0110 


2B 


.0103- 


.0104 


2C 


.0106- 

.0203 

.0303 


.0107 


2D 


.0201 - 


.0203 


2F 


.0005 




3A 


.0001 - 


.0002 


3B 


.0101 
.0201 
.0203 






.0205 - 


.0206 




.0303 






.0402- 


.0404 




.0503 






.0509 




3E 


.0101 - 


.0108 




.0201 - 


.0202 




.0301 - 


.0302 



ACTION TAKEN 



Amended 
i'Vmended 
Repealed 
/Vmcnded 
/Vmended 



Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 



274 



NORTH CAROLINA REGISTER 



FINAL RULES 





.0401 - 


.0402 


Repealed 




.0501 - 


.0503 


Repealed 




.0601 - 


.0603 


Repealed 


3F 


.0101 - 


.0105 


Repealed 




.0201 - 


.0207 


Repealed 




.0301 - 


.0302 


Repealed 


OFFICES OF THE GOV ERNOR AND LIEITENANT GOVERNOR 


9 NCAC 3A 


.0201 - 


.0215 


Repealed 




.0301 - 


.0303 


Repealed 




.0401 - 


.0403 


Repealed 




.0501 - 


.0504 


Repealed 


3B 


.0001 - 


.0002 


Repealed 


3C 


.0101 - 


.0102 


Repealed 




.0201 - 


.0202 


Repealed 


3D 


.0101 - 


.0104 


Repealed 




.0201 - 


.0204 


Repealed 




.0301 - 


.0304 


Repealed 




.0401 - 


.0408 


Repealed 




.0501 - 


.0502 


Repealed 




.0601 - 


.0606 


Repealed 




.0701 - 


.0702 


Repealed 




.0801 - 


.0804 


Repealed 


3E 


.0101 - 


.0102 


Repealed 




.0201 - 


.0203 


Repealed 




.0301 - 


.0307 


Repealed 




.0401 - 


.0407 


Repealed 




.0501 - 


.0505 


Repealed 


3F 


.0001 - 


.0004 


Repealed 


3G 


.0101 - 


.0105 


Repealed 




.0201 - 


.0204 


Repealed 


3H 


.0001 - 


.0003 


Repealed 


3K 


.0101 - 


.0102 


Repealed 




.0201 - 


.0206 


Repealed 




.0301 - 


.0304 


Repealed 




.0401 - 


.0404 


Repealed 




.0501 - 


.0512 


Repealed 




.0601 - 


.0607 


Repealed 




.0701 - 


.0707 


Repealed 




.0801 - 


.0815 


Repealed 




.0901 - 


.0906 


Repealed 


4 


.0101 - 


.0103 


Repealed 




.0201 - 


.0203 


Repealed 


DEPARTMENT OF Ml MAN 


RESOl 


RGES 




10 NCAC 3R 


.2404 




Temp. Amended 
Expires 09-27-89 


7C 


.0602 




Correction 


lOA 


.0487 




Correction 


27 


.0009 




Amended 


DEPARTMENT OF INSl RANGE 






11 NCAC 4 


.0428 


Adopted 


12 


.0701 - 


.0703 


Adopted 




.0705 




Adopted 




.0707 - 


.0708 


Adopted 



NORTH CAROLINA REGISTER 



275 



FINAL RULES 



13 



.0301 

,0303 

.0305 - .0306 

.0308- .0310 

.0313 

.0316- .0318 

.0323 - .0324 

.0325 

.0501 

.0514 

.0517 



Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Adopted 

Amended 

Amended 

Adopted 



DFPAK IMKNT OF N ATI R AL RKSOl RCES AND COMMUNITY DEVELOPMKNT 



15 



NCAC 2B .0216 

.0308 

2F .0103 

lOF .0307 
.0314 
.0321 
.0327 
.0330 
.0342 
.0357 

16E .0103 

.0201 



DFPAR IMKNT OF KFVRNUE 



.0360 



Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Adopted 

Temp. Amended 

Expires 09-26-89 

Temp. Amended 

Expires 09-26-89 



17 NCAC 9G .0510 

BOARD OF ARCIIFFKCTl RE 



21 


NCAC 2 


.0101 - 


.0108 






.0202 - 


.0203 






.0205 - 


.0215 






.0301 








.0303 








.0401 - 


.0406 






.0407 - 


.0414 






.0501 








.0502 - 


.0505 






.0601 - 


.0610 






.0701 - 


.0705 






.0801 - 


.0802 


BOARD OF 


BARBER EX.VMINERS 




21 


NCAC 6A 


.0101 








.0102- 


.0104 






.0105 








.0201 - 


.0205 






.0209 








.0301 








.0303 








.0306 






6B 


.0101 





Correction 



Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Repealed 



Repealed 
Amended 
Repealed 
Repealed 
Repealed 
Amended 
Amended 
Repealed 
Amended 



276 



NORTH CAROLINA REGISTER 



FINAL RULES 



6C 



6D 



6E 



6F 



6G 



611 
61 



.0102 

.0103 

.0104 

.0105 

.0106- 

.0201 

.0202 

.0203 

.0204 

.0301 - 

.0303 - 

.0305 - 

.0401 - 

.0501 - 

.0504 

.0506 - 

.0601 - 

.0101 

.0102 

.0202 - 

.0205 

.0301 - 

.0401 - 

.0501 - 

.0601 

.0602 

.0701 

.0702 

.0801 

.0802 - 

.0807 

.0901 - 

.0903 - 

.0908 

.0909 

.0910- 

.0101 

.0102- 

.0201 - 

.0301 - 

.0401 - 

.0501 - 

.0101 - 

.0201 - 

.0001 - 

.0005 - 

.0009 - 

.0012 

.0013 - 

.0015 

.0016 

.0017 

.0019- 

.0001 - 

.0003 

.0004 - 

.0001- 

.0001 

.0005 



0107 



0302 
0304 
0309 
0402 
0503 

0507 
0602 



0203 

0304 
0402 
0504 



0806 

0902 
0907 



0911 

0105 
0205 
0310 
0402 
0503 
0103 
0205 
0004 
0007 
0011 

0014 



,0020 
,0002 

,0005 
,0002 



Repealed 
Amended 
Repealed 
Amended 
Repealed 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Repealed 
Amended 
yVmended 
Amended 
Repealed 
Repealed 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Repealed 
Repealed 
Amended 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
^Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Amended 



NORTH CAROLINA REGISTER 



277 







FINAL RULES 




6J 


.0001 - 


.0003 


Amended 




.0005 




Repealed 




.0006 




Amended 




.0007 




Repealed 




.0008 




Amended 


6K 


.0001 




Amended 




.0003 - 


.0004 


Amended 




.0005 




Repealed 




.0009 




Repealed 


6L 


.0002 - 


.0007 


Amended 




.0009 




.Amended 




.0010 




Repealed 


6M 


.0001 - 


.0002 


Amended 


6N 


.0001 - 


.0010 


Amended 




.0011 - 


.0012 


Adopted 


BOARD OF CFRTIUF.D PI BLIC ACCOIM AN F FXAMINERS 




21 NCAC SA 


.0102 - 


.0103 


Amended 




.0105 




Amended 




.0201 




.Amended 




.0202 




Repealed 




.0301 




Amended 




.0308 




Amended 




.0309 - 


.0310 


Adopted 


SB 


.0101 - 


.0102 


Amended 




.0104- 


.0105 


.Amended 




.0202 




Amended 




.0304 




.Amended 




.0307 




Amended 




.0501 




.Amended 




.0503 




.Amended 




.0507 - 


.0508 


Amended 


8C 


.0103- 


.0105 


Adopted 




.0107- 


.0111 


Adopted 




.0114- 


.0116 


Adopted 




.0118 




."Xdopted 




.0121 - 


.0125 


Adopted 




.0503 




Repealed 




.0805 - 


.0808 


Repealed 




.0903 




Repealed 




.0905 - 


.0908 


Repealed 




.0910 




Repealed 


8D 


.0103 




Repealed 




.0202 - 


.0204 


Repealed 




.0303 




Repealed 




.0306 - 


.0310 


Repealed 




.0503 




Repealed 


8E 


.0103 




Repealed 




.0201 - 


.0205 


Repealed 


8F 


.0101 - 


.0103 


Amended 




.0106- 


.0107 


.Amended 




.0110 




.Amended 




.0111 




Adopted 




.0302 




.•\mended 




.0304 




Amended 




.0305 




Repealed 




.0402 




Repealed 




.0409 




.Amended 



2-S 



NORTH CAROLINA REGISTER 





FINAL RULES 






.0501 - .0502 


Amended 




.0504 


Amended 


8G 


.0101 - .0103 


Amended 




.0106- .0109 


.Amended 




.0110 


Repealed 




.0112- .0113 


Amended 




.0114 


Adopted 




.0201 - .0204 


Amended 




.0208 - .0212 


Amended 




.0213 


Adopted 




.0301 - .0306 


Amended 




.0401 


Amended 




.0402 


Repealed 




.0403 - .0404 


Amended 




.0406 


Amended 




.0407 


Repealed 




.0409 


Adopted 


8H 


.0001 - .0005 


Amended 


81 


.0001 - .0002 


Amended 




.0003 


Repealed 




.0004 


Amended 




.0006 


Repealed 


8J 


.0001 - .0003 


Amended 




.0005 - .(^"06 


Amended 




.0008 


Amended 


8K 


.0104- .0105 


Amended 




.0201 


Amended 


8L 


.0001 - .0002 


Amended 




.0005 - .0006 


Amended 




.0008 


Amended 




.0010 - .0017 


Amended 




.0019 - .0023 


Amended 




.0025 


Amended 


LICKNSING BOARD FOR r;F.\FR\L CIONTRACTORS 




21 NCAC 12 


.0102 - .0103 


Amended 




.0201 


Repealed 




.0202 


Amended 




.0203 


Repealed 




.0204 - .0205 


Amended 




.0206 


Repealed 




.0301 


Amended 




.0303 


Amended 




.0304 


Repealed 




.0305 


Amended 




.0307 - .0308 


Amended 




.0401 


Repealed 




.0402 - .0403 


Amended 




.0404 


Repealed 




.0405 


Amended 




,0406 - .0407 


Repealed 




.0408 


Amended 




.0501 


Amended 




.0503 - .0504 


Amended 




.0701 - .0703 


Amended 


FJOARD OF DEN TAF EXAM 


INFRS 





NORTH CAROLINA REGISTER 



279 





FINAL RULES 




21 NCAC 16A 


.0001 


Amended 




.0004 


Adopted 


16B 


.0101 - .0102 


Amended 




.0201 


/\mended 




.0203 


Amended 




.0302 


iVmended 




.0304 - .0309 


Amended 




.0315 


Amended 




.0316 


Repealed 


16C 


.0101 - .0102 


/Vmended 




.0201 


Repealed 




.0202 - .0203 


Amended 




.0301 - .0306 


Amended 




.0308 - .0310 


Amended 


16D 


.0101 - .0102 


Amended 


16E 


.0001 - .0004 


Amended 


16F 


.0001 


Repealed 




.0002 - .0005 


.Amended 




.0006 


Repealed 




.0007 


.Amended 




.0009 


Repealed 




.0010 


Amended 


16G 


.0001 - .0003 


Amended 




.0005 


Repealed 


16H 


.0104 


Amended 




.0201 - .0206 


.Amended 


161 


.0001 - .0002 


Amended 


16J 


.0001 


Amended 




.0002 


Repealed 


16K 


.0001 - .0002 


Repealed 




.0003 - .0004 


Amended 




.0005 


Repealed 




.0006 


Amended 


16L 


.0003 


Repealed 


16M 


.0001 - .0002 


Amended 


16N 


.0101 - .0103 


/Amended 




.0201 


Repealed 




.0202 


/Amended 




.0301 - .0305 


.Amended 




.0306 


Repealed 




.0307 


Amended 




.0308 


Repealed 




.0401 


Repealed 




.0402 - .0404 


.-Amended 




.0405 


Repealed 




.0501 - .0504 


Amended 




.0506 - .0508 


Amended 




.0602 - .0605 


Amended 




.0606 


Adopted 


160 


.0301 - .0302 


Amended 




.0401 - .0402 


.Amended 




.0403 


Repealed 


16P 


.0001 - .0005 


.Amended 


BOARD OF REGISTRATION 


FOR FORESTERS 




21 NCAC 20 


.0003 - .0007 


.Amended 




.0009- .0010 


Amended 




.0013- .0018 


.Amended 



2S0 



\ORTH CAROLINA REGISTER 



FINAL RULES 



BOARD OF GKOI.Or.lSTS 



21 



NCAC 21 



.0019 



.0511 
.0603 



HEARING AID DEALFRS AND FITTERS BOARD 

21 NCAC 22J .0005 

BOARD OF MEDICAL EXAMINERS 
21 





NCAC 32A 


.0001 








.0002 - 


.0003 






.0004 - 


.0007 






.0008 - 


.0010 




32B 


.0101 - 


.0103 






.0201 - 


.0207 






.0208 








.0209 - 


.0214 






.0301 








.0302 - 


.0314 






.0401 - 


.0402 






.0403 








.0501 - 


.0508 






.0601 - 


.0608 






.0701 - 


.0703 






.0705 - 


.0707 




32C 


.0001 








.0002 - 


.0008 




32F 


.0001 - 

.0003 

.0005 


.0002 




32H 


.0101 - 
.0201 


.0102 






.0301 - 


.0303 






.0401 - 


.0407 






.0501 - 


.0505 






.0601 - 


.0602 






.0701 








.0801 - 


.0802 






.0901 








.1002 








.1004 






321 


.0001 - 


.0004 




32J 


.0001 - 


.0003 




32K 


.0101 - 


.0104 






.0201 - 


.0202 






.0204 - 


.0208 


OF 


NIRSING 







21 



NCAC 36 



.0112- .0113 

.0208 

.0213 



Repealed 



Correction 
Correction 



Amended 



Amended 

Repealed 

Amended 

Repealed 

Adopted 

Amended 

Repealed 

Amended 

Amended 

Amended 

Amended 

Repealed 

Amended 

Amended 

Amended 

Amended 

Repealed 

Amended 

Repealed 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 



Amended 
Amended 
Amended 



BOARD OF Nl RSING HOME ADMINIS IRAl ORS 



NORTH CAROLINA REGISTER 



281 





FINAL RULES 




21 NCAC 37 .0101 




Amended 


.0102 - 


.0104 


Repealed 


.0106- 


.0107 


Repealed 


.0108 




Amended 


.0109 




Repealed 


.0110 




Amended 


.0111 - 


.0115 


Repealed 


.0201 - 


.0205 


Repealed 


.0208 




Amended 


.0209 - 


.0210 


Repealed 


.0301 




Amended 


.0303 - 


.0304 


Amended 


.0305 




Repealed 


.0307 




Repealed 


.0308 




Adopted 


.0402 




/Amended 


.0403 




Repealed 


.0404 - 


.0405 


Amended 


.0408 




Repealed 


.0501 - 


.0502 


Amended 


.0503 




Repealed 


.0504 - 


.0510 


Amended 


.0512- 


.0519 


/Vmended 


.0520 




Adopted 


.0601 - 


.0602 


Repealed 


.0603 - 


.0604 


Amended 


.0605 




Repealed 


.0606 




Amended 


.0705 




Amended 


.0708 




/Vniended 


.0801 




Amended 


.0804 




Repealed 


.0805 




/\mended 


.0901 - 


.0902 


Amended 


.0904 




Amended 


.0907 




Amended 


,0908 




Repealed 


.0909 




rVmended 


.0910 




Repealed 


.0912- 


.0914 


Amended 


.1001 




Amended 


.1002 




Repealed 


.1003- 


.1004 


Amended 


.1005 




Repealed 


.1122 




Amended 


.1201 - 


.1204 


Adopted 


BOARD OF ore I I'AIION Al IIIKKAri.SIS 




21 NCAC 38 .0103 




Amended 


.0104 




Repealed 


.0201 




Amended 


.0203 - 


.0204 


Amended 


.0301 - 


.0307 


Amended 


.0401 - 


.0402 


Amended 


.0501 - 


.0504 


Adopted 


.0601 - 


.0614 


Adopted 


IJOAKO OF OPnCFWS 







282 



NORTH CAROLINA REGISTER 



FINAL RULES 



21 NCAC 40 .0213 




Adopted 


.0408 - 


.0421 


Adopted 


BOARD OF OSTFOP.\riIIC EXAMINATION AND RKGISTRATION 


21 NCAC 44 .0001 - 


.0010 


Repealed 


BOARD OF PHARMACY 






21 NCAC 46 .1201 - 


.1206 


Amended 


.1301 - 


.1316 


Repealed 


.1317 




Adopted 


.1401 - 


.1404 


Amended 


.1405 




Repealed 


.1406 




y\mendcd 


.1407 




Repealed 


.1408 




yVmended 


.1409 




Repealed 


.1501 - 


.1504 


Amended 


.1506- 


.1507 


Amended 


.1601 - 


.1602 


yVmended 


.1603 - 


.1604 


Adopted 


.1701 - 


.1705 


Amended 


.1802 




Amended 


.1804- 


.1806 


Amended 


.1901 - 


.1902 


Amended 


.1904 




Amended 


.1906- 


.1907 


iVmcnded 


.1910- 


.1911 


Amended 


.2001 




Amended 


.2002 - 


.2003 


Repealed 


.2006 




/Vmcnded 


.2008 - 


.2011 


Amended 


.2015- 


.2016 


Amended 


.2101 




Repealed 


.2102- 


.2105 


/Vmended 


.2201 




/Vmended 


.2301 - 


.2305 


Amended 


.2401 - 


.2403 . 


yVmended 


.2501 - 


.2503 


yVdopted 


BOARD OF PinSICAL TIIFRAI"i FXAMINFRS 




21 NCAC 48C .0101 




Correction 


48D .0005 




Correction 


48G .0404 




Amended 


BOARD OF I'l (MBIN(; AND IIEAIING CONTRACTORS 




21 NCAC 50 .0101 - 


.0102 


Repealed 


.0103- 


.0105 


Amended 


.0107 




Amended 


.0108 




Repealed 


.0301 




Amended 


.0302 




Repealed 


.0303 - 


.0304 


Amended 


.0306 - 


.0307 


Amended 


.0309 




Amended 



NOR TH CA ROLINA REGLS TER 285 



FINAL RULES 





.0401 






.0402 - 


.0411 




.0501 






.0503 






.0504 






.0505 - 


.0508 




.1001 - 


.1013 




.1101 - 


.1103 


BOARD OF 


PRACTICING COl \SFLORS 



Repealed 

Amended 

/'Vmended 

Amended 

Repealed 

Amended 

Adopted 

Adopted 



21 NCAC 53 .0101 Repealed 

BOARD OF PROFFSSIGNAL ENGINEERS AND LAND SI RVKYORS 

21 NCAC 56 .1501 Adopted 

BOARD OF RFFRUiKRAIION EXAMINERS 

21 NCAC 60 .0209 Adopted 

BOARD OF EXAMINERS OF SPEECH AND l.ANGLAGE PATHOI OGISTS AND Al DIOEOGISTS 

21 NCAC 64 .0101 - .010^ Amended 

.0104-.010D Amended 

.0202 - .0203 Repealed 

.0204 Amended 

.0401 - .0403 Amended 

.0501 - .0503 Amended 

.0601 - .0605 ^Vmended 

.0606 Repealed 

.0701 - .0705 Amended 

.0801 - .0805 Amended 

.0806 Repealed 

.0901 - .0905 Amended 

\F^FRl^AR^ mfdk ai board 

21 NCAC 66 .0101 - .0102 /Vmcndcd 

.0103 - .0104 Repealed 

.0105 -.0108 yVmended 

.0201 - .0203 Amended 

.0204 Repealed 

.0205 - .0208 Amended 

.0301 Amended 

.0302 Repealed 

.0303 - .0308 Amended 

.0401 - .0406 Amended 

.0407 - .0414 Repealed 

.0501 Amended 

.0502 - .0505 Repealed 

.0601 - .0610 Amended 

.0701 - .0705 .Amended 

.0801 - .0802 Repealed 

DFI'ARIMFN r OV (OMMl Nil \ CO! I EGES 

23 NCAC 2D .0328 Correction 

NORTH CAROI INA IIOISING FINANCE AGENCY 



2S4 NOR TH CA R OLINA REGIS TER 



FINAL RULES 



24 NCAC IM .0201 - .0204 

OFHCR OF STATE PKRSONNFL 



25 


NCAC IB 


.0413 








.0416- 


.0420 






.0425 - 


.0426 




IC 


.0413 
.0701 






ID 


.0204 
.0501 
.0802 
.0805 
.0807 
.1205 






IE 


.0312 
.1005 






III 


.0614- 


.0615 






.0618- 


.0619 






.0627 






11 


.0204 








.0706 - 


.0707 




IJ 


.0402 








.0406 - 


.0407 






.0504 






IK 


.0213 
.0709 






IN 


.0003 




OFFICK OF 


AI)MIMSTR.\TI\K IIK 


\KI\GS 


26 


NCAC 2A 


.0201 - 
.0402 


.0202 




3 


.0001 
.0030 





Amended 



Amended 

Repealed 

Correction 

Repealed 

Amended 

Amended 

Amended 

.\mended 

Amended 

Amended 

y\jnended 

Amended 

Amended 

Correction 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

Repealed 

Repealed 



Amended 
Amended 
Amended 
Correction 



NORTH CAROLINA REGISTER 



285 



NCA( INDEX 



HI LE/.MAJOR DIMSIONS OF THE NORTH CAROLrVA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Governor, OtTice of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community Development, Department of 

16 Public Lducation, Department of 

17 Revenue, Department of 

18 Secretary of State, Department of 
19A Transportation, Depai'i'i' ni ii| 
20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 /\dministrati\e Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 State Personnel, Ofl'ice of 

26 Administrative Hearings, Office of 

NOTL: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 
16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Foresters, Board of Registration for 

21 Geologists, Board of 

22 Hearing Aid Dealers and Fitters Board 
26 Landscape /Vrchitects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuar)^ Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational J'herapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



2S6 NOR TH CAROLINA REGIS TER 



NC AC INDEX 



44 Ostcopatliic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NOR TH CAROLINA REGIS TER 287 



CUMUL tin r INDEX 



CUMULA TIVR INDEX 

(April I9S9 - March 1990) 



19H'» 1990 

Pages Issue 

1 - 151 1 - April 

152 - 192 2 - April 

193 - 216 3 - May 

217 - 289 4 - May 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



AD.MIMSTRATI\ E ORDER 

Administrative Order, 4, 152 

ACiRICl LURE 

Cotton Warehouse, 220 PR 

Markets, 217 PR 

N.C. Plant Conservation Board, 196 PR 

N.C. State Fair, 217 PR 

Plant Industry, 153 PR, 218 PR 

COMMERCE 

N.C. Cemetery Commission, 198 PR 

EDUCAIION 

Elemcntar\' and Secondary Education, 253 PR 

FINAL DECISION LEITERS 

Voting Rights Act, 5, 193 

FINAL Rl LES 

1 ist of Rules Codified, 183 FR, 274 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1 

HUMAN RESOURCES 



2SS NOR TH CA ROLINA REGIS TER 



CVMULA THE INDEX 



Facility Scnices, 190 PR 

Health Sen ices, 153 PR 

Medical Assistance, 158 PR 

Mental Health: Mental Retardation and Substance Abuse Services, 17 PR 

Vocational Rehabilitation Services, 7 PR 



INSIRANCE 

Fire and Casualty Division, 202 PR 

LICENSING BOARDS 

North Carolina (Certification Board for Social Work, 179 PR 
Physical Therapy Examiners, 262 PR 

NATURAL RLSOLRCES AND COMMLTSITY DEVELOPMENT 

Coastal Management, 239 PR 

Community Assistance, 134 PR 

Fconomic Opportunity, 178 PR 

Environmental Management, 18 PR, 160 PR, 202 PR, 238PR 

Marine Fisheries, 47 PR 

Wildlife Resources and Water Safety, 134 PR, 178 PR, 207 PR, 252 PR 

STATE PERSON^SEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR 

TRANSPORTATION 

Division of Motor Vehicles, 140 FR 



NORTH CAROLINA REGISTER 289 



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